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Full text of "North Carolina Register v.10 no. 21 (2/1/1996)"

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NORTH CAROLINA 

REGISTER 



VOLUME 10 • ISSUE 21 • Pages 2683 - 2815 
February 1, 1996 



PUBLISHED BY 

The Office of Administrative Hearings 
Rules Division 
PO Drawer 27447 
Raleigh, NC 2 761 1- 7447 
Telephone (919) 733-2678 
Fax (919) 733-3462 



IN THIS ISSUE 

Executive Order 

Final Decision Letters 

Environment, Health, and Natural Resources 

Human Resources 

Psychology Board 

Revenue 

Secretary of State 

Social Work, Certification Board 

Rules Review Commission 

Contested Case Decisions 



' ?9 n \\ ;^ ^T?5 r 



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nu 



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i996 



LAW LliirvAELY 



This publication is printed on permanent, acid-free paper in compliance with G.S. 125- 11.13 



Digitized by the Internet Archive 

in 2011 with funding from 

University of North Carolina at Chapel Hill 



http://www.archive.org/details/northcarolinareg1021nort 



NORTH CAROLINA 



IN THIS ISSUE 




Volume 10, Issue 21 

15 



February 1 , 1 996 



This issue contains documents officially 
filed through January 10, 1996. 



Office of Administrative Hearings 

Rules Division 

424 North Blount Street (27601) 

PO Drawer 27447 

Raleigh, NC 27611-7447 

(919) 733-2678 

FAX (919) 733-3462 



Julian Mann HI, Director 

James R. Scarcella Sr., Deputy Director 

Molly Masich, Director of APA Services 

Ruby Creech, Publications Coordinator 

Teresa Kilpatrick, Editorial Assistant 

Jean Shirley, Editorial Assistant 



I. EXECUTIVE ORDER 

Executive Order 93 2683 

n. IN ADDITION 

Voting Rights Act 2684-2685 

ra. RULE-MAKING PROCEEDINGS 
Human Resources 

Medical Assistance 2686 

rV. PROPOSED RULES 

Environment, Health, and Natural Resources 

Environmental Management ............. 2688 

Marine Fisheries 2688 

Human Resources 

Social Services 2687 - 2688 

Revenue 

Sales and Use Tax 2688 - 2698 

Licensing Board 

Psychology Board 2698 

V, TEMPORARY RULES 

Environment, Health, and Natural Resources 

Marine Fisheries 2737 - 2738 

Human Resources 

Facility Services 2699 - 2726 

Social Services 2726-2737 

Licensing Board 

Social Work, Certification Board 2739-2740 

Secretary of State 

Boxing Commission . 2738-2739 

VI. RRC OBJECTIONS 2741-2754 

VIL CONTESTED CASE DECISIONS 

Index to ALJ Decisions 2755 - 2772 

Text of Selected Decisions 

94 OS? 1684 2773-2779 

95 DHR 0949 2780-2782 

95 DOA 0797 2783 - 2787 

Vra. CUMULATIVE INDEX 2789-2815 



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EXECUTIVE ORDER 



EXECUTIVE ORDER NO. 93 

NORTH CAROLINA/EASTERN BAND OF 

CHEROKEE INDIANS 

DEVELOPMENT TASK FORCE 

WHEREAS, the Eastern Band of Cherokee Indians 
plays a vital role in the economy and culture of North 
Carolina; and 

WHEREAS, the Eastern Band of Cherokee Indians 
draws strength from their traditions dating back to the spirit 
of Sequoyah and Junaluska and the earliest days of the 
nation when the tribe was recognized as the most independ- 
ent and prosperous of the Native American Indian Tribes; 
and 

WHEREAS, the Eastern Band of Cherokee Indians 
and the six western counties of North Carolina (Cherokee, 
Clay, Graham, Jackson, Macon, and Swain) are facing great 
challenges in the area of economic development because of 
limited infrastructure, steep terrain and limited land for 
development purposes; and 

WHEREAS, unemployment both on the Cherokee 
Reservation and in the adjacent counties is much higher than 
the state average; and 

WHEREAS, per capita income both on the 
Cherokee Reservation and in the adjacent counties is much 
lower than the state average; and 

WHEREAS, the poverty rate both on the Cherokee 
Reservation and in the adjacent counties is much higher than 
the state average. 

NOW THEREFORE, by the authority vested in 
me as Governor by the Constitution and laws of North 
Carolina and the United States, it is ORDERED: 

Section 1. ESTABUSHMENT. 

The North Carolina/Eastern Band of Cherokee 
Indians Economic Development Task Force is hereby 
established. It shall be comprised of twenty-eight members, 
twelve of whom shall be appointed by the Governor and 
twelve appointed by the Principal Chief of the Eastern Band 
of Cherokee Indians. Members shall serve for two years at 
the pleasure of the appointing authority. In addition to the 
appointed members, the following or their designees, shall 



serve as ex-officio, non-voting members: 

(1) Regional Supervisor, U.S. Forest Service; 

(2) Superintendent, Blue Ridge Parkway; 

(3) Superintendent, Great Smoky Mountains 
National Park; and 

(4) Chairman of the Board, Tennessee Valley 
Authority. 

The Governor and the Principal Chief shall each 
designate one of the voting members as co-chairpersons who 
shall preside jointly at each meeting. 

Section 2. MEETINGS. 

The Task Force shall meet quarterly or at the call 
of the co-chairpersons. 

Section 3. DUTIES. 



The Task Force shall have the following duties: 

(a) Develop an economic development strat- 
egy for the Eastern Band of Cherokee 
Indians; 

(b) Provide a forum for the discussion of 
issues concerning major business installa- 
tions; 

(c) Promote cooperation and understanding 
between the Eastern Band of Cherokee 
Indians, the general public, and State, 
federal and local governments; and 

(d) Advise the Governor and Principal Chief 
on measures and activities which would 
support and assist the people of the East- 
em Band and promote economic develop- 
ment. 

Section 4. ADMINISTRATION. 

Support staff for the Task Force shall be provided 
by the North Carolina Department of Commerce. Members 
shall serve without compensation, but may receive reim- 
bursement, contingent upon the availability of funds, for 
travel and subsistence in accordance with N.C.G.S. 138-5, 
138-6, and 120-3.1. 



This Executive Order shall be effective immedi- 



ately. 



Done in the Capital City of Raleigh, North Carolina 
this 21st day of December, 1995. 



10:21 



NORTH CAROLINA REGISTER 



February 1, 1996 



2683 



IN ADDITION 



This Section contains public notices that are required to be published in the Register or have been approved by the 
Codifier of Rules for publication. 



i 



U.S. Department of Justice 

Civil Rights Division 

DLP:GS:KIF:emr Voting Section 

DJ 166-012-3 P.O. Box 66128 

95-2087 Wa*ingtoD,D.C. 20035-6128 



December 21, 1995 

Z. Creighton Brinson, Esq. 
Taylor, Brinson & DeLoatch 
P.O. Drawer 308 
Tarboro, North Carolina 27886-0308 

Dear Mr. Brinson: 

This refers to Chapter 260 (1995), which increases the size of the board of county commissioners from five to 
seven, changes the method of election from at large to single-member districts, and specifies the districting plan and 
implementation schedule for Edgecombe County, North Carolina, submitted to the Attorney General pursuant to Section 5 
of the Voting Rights Act, 42 U.S.C. 1973c. We received your responses to our September 18, 1995, request for additional 
information on October 23 and 24, 1995. 

The Attorney General does not interpose any objection to the specified changes. However, we note that Section 
5 expressly provides that the failure of the Attorney General to object does not bar subsequent litigation to enjoin the 
enforcement of the changes. See the Procedures for the Administration of Section 5 (28 C.F.R. 51.41). 



Sincerely, 

Deval L. Patrick 

Assistant Attorney General 

Civil Rights Division 



By: 



Elizabeth Johnson 
Acting Chief, Voting Section 



{ 



2684 NORTH CAROLINA REGISTER February 1, 1996 10:21 



IN ADDITION 



U.S. Department of Justice 

Civil Rights Division 

DLP:GS:EMP:jdp Voting Section 

DJ 166-012-3 P.O. Box 66128 

95-2876 Washington, D.C. 20035-6128 



November 6, 1995 

Z. Creighton Brinson, Esq. 
Taylor, Brinson & DeLoatch 
P.O. Drawer 308 
Tarboro, North Carolina 27886-0308 

Dear Mr. Brinson: 

This refers to the creation of Edgecombe County Water and Sewer District No. 1 and the procedures for conducting 
the November 7, 1995, special bond election for the district in Edgecombe County, North Carolina, submitted to the Attorney 
General pursuant to Section 5 of the Voting Rights Act, 42 U.S.C. 1973c. We received your submission on September 8, 
1995; supplemental information was received on October 21 and 24, 1995. 

The Attorney General does not interpose any objection to the specified changes. However, we note that Section 
5 expressly provides that the failure of the Attorney General to object does not bar subsequent litigation to enjoin the 
enforcement of the changes. In addition, as authorized by Section 5, we reserve the right to reexamine this submission if 
additional information that would otherwise require an objection comes to our attention during the remainder of the sixty-day 
review period. See the Procedures for the Administration of Section 5 (28 C.F.R. 51.41 and 51.43). 



Sincerely, 

Deval L. Patrick 

Assistant Attorney General 

Civil Rights Division 



By: 



Elizabeth Johnson 
Acting Chief, Voting Section 



10:21 NORTH CAROLINA REGISTER February 1, 1996 2685 



RULE-MAKING PROCEEDINGS 



TITLE 10 - DEPARTMENT OF HUMAN RESOURCES 



Notice of Rule-making Proceedings is hereby given by the DHR/Division of Medical Assistance in accordance with G.S. 
150B-21.2(b). The agency shall subsequently publish in the Register the text of the rule{s) it proposes to adopt as a 
result of this notice of rule-making proceedings and any comments received on this notice. 



{ 



Rule Citation: 10 NCAC 26H .0506 

Statutory Authority for the rule-making: 108A-25(b); 108A-54; 108A-55; 42 CFR 440.170(f) 

Statement of the Subject Matter: To amend reimbursement rules to add the payment method for public providers of non- 
medical inpatient institutions providing personal care services for Medicaid recipients also receiving State/County Special 

Assistance. 

Reason for Proposed Action: This change is necessary to permit payment to the public providers. The origiruil rule as 
written limits payments to private providers only. 

Comment Procedures: Written comments concerning this rule-making action must be submitted by April 1, 1996, to Portia 
Rochelle, Rule-making Coordinator, Division of Medical Assistance , 1985 Umstead Drive, Raleigh, NC 27603. 



i 



2686 



NORTH CAROUNA REGISTER 



February 1, 1996 



10:21 



PROPOSED RULES 



TITLE 10 - DEPARTMENT OF HUMAN 
RESOURCES 

Notice is hereby given in accordance with G.S. 
150B-21.2(c) that the Social Services Commission 
intends to amend rule cited as 10 NCAC 411 .0102. 

Proposed Effective Date: July 1, 1996 

A Public Hearing will be conducted at 10:00 a.m. on 
Wednesday, March 6, 1996 at the Albemarle Building, 325 
N. Salisbury Street, Room 943-2, Raleigh, NC 27603. 

Reason for Proposed Action: This action is proposed in 
order to make this section of the North Carolina Administra- 
tive Code congruent with Federal Rules which govern the 
eligibility requirements for receipt of grant moneys through 
the Child Abuse Prevention and Treatment Act (P.L. 102- 
295). North Carolina has been notified by Federal authori- 
ties that grant moneys are jeopardized by non-compliance 
with Federal Codes. 

Comment Procedures: Comments may be presented 
anytime before or at the public hearing or orally at the 
hearing. Time limits for oral remarks may be imposed by 
the Commission Chairman. Any person may request copies 
of this rule by calling or writing to Shamese Ransome, 
Special Assistant, North Carolina Division of Social Ser- 
vices, 325 N Salisbury Street, Raleigh, NC 27603, 
919/733-3055 

Fiscal Note: This Rule does not affect the expenditures or 
revenues of state or local government funds. 

CHAPTER 41 - CHILDREN'S SERVICES 

SUBCHAPTER 411 - PROTECTIVE SERVICES 



SECTION .0100 - GENERAL 



.0102 



CONFIDENTULITY: CENTRAL 
REGISTRY: ABUSE AND NEGLECT CASES 

(a) Information submitted by county dep)artments of social 
services to the central registry of abuse and neglect cases is 
confidential. Non-identifying statistical information and 
general information about the scope, nature and extent of 
the child abuse and neglect problem in North Carolina is not 
subject to this Rule of confidentiality. 

(b) Access to the central registry of child abuse and 
neglect cases is restricted to: 

(1) staff of the Division of Social Services and staff 
of the Office of the Secretary of the Department 
of Human Resources who require access in the 
course of performing duties pertinent to manage- 
ment, maintenance and evaluation of the central 
registry and evaluation of and research into 
abuse and neglect cases reported in accordance 



with G.S. Oiapter 7A, Article 44. Management 
of the central registry includes the provision of 
information on a case by division staff to a 
North Carolina county department of social 
services or to an out-of-state social services 
agency to assure that protective services will be 
made available to such child and the child's 
family as quickly as possible to the end that such 
child will be protected and that further abuse or 
neglect will be prevented. 

(3) individuals who may roooive approval to oonduot 

atudioo of caBos in tho central rogiotr)'. — Such 
approval muot bo roquootod in writing to tho 

Dir e ctor, Division of Social Sor\'iooQ. 5^ 

written r e quest will op e oify and bo appro>'od on 
tho basi s of; 
(A) — an explanation of how tho findinga of tho study 
hav e potential for e xpanding knov ^ 'l e dgo and 
improving prof e ooionol praotioos in tho area of 
prevention, idontifioation and troatmont of 
child abuse and nogloot; 






0. description of how tho study will bo con 
duct e d and how th e findings will bo used; 
a prooontation of tho individual's orodontials in 
tho area of critical investigation; and 
a description of how the individual will safe 



guard informatio ftr 
Aocofls will bo denied when in tho judgment of 
tho Director tho study will have minimal i^ paet 
on e ith e r knowledg e or practico. 
(2} (^ the coimty director in order to identify 
whether a child who is the subject of an abuse, 
neglect or dependency investigation has been 
previously reported as abused or neglected, or 
whether a child is a member of a family in 
which a child fatality due to suspected abuse or 
neglect during the CPS investigative period has 
occurred in any county in the state. Information 
from the central registry shall be shared with 
law enforcement or licensed physicians or 
licensed physician extenders when needed to 
assist the county director in facilitating the 
provision of child protective services to assure 
that the child and the child's family will receive 
protective services as quickly as possible so that 
such child can be protected and further abuse, 
neglect or dependency prevented. Information 
shared from the central registry for child abuse 
and neglect will be limited to: 

(A) the child's name, date of birth, sex, race; 

(B) the county that investigated the report; 

(C) the type of maltreatment that was reported; 

(D) the case decision; 

(E) the date of the case decision; 

(F) the type of maltreatment found; and 

(G) the relationship of the perpetrator to the victim 
child. 



10:21 



NORTH CAROLINA REGISTER 



February 1, 1996 



2687 



PROPOSED RULES 



£3} 



f^ the Chief Medical Examiner's office and law 
enforcement in the event of a child fatality and 
there is a need to determine if their investigation 
evaluation should consider child abuse. 



or 



neglect or dependency as a factor in the death. 
Information will be limited to that outlined in 
Subparagraphs (b)(2)(A) - (G) of this Rule. 



Authority G. S. 
143B-153. 



7A-544; 7A-552; 7A-675; 143B-10; 



TITLE ISA - DEPARTMENT OF ENVIRONMENT, 
HEALTH, AND NATURAL RESOURCES 

CHAPTER 2 - ENVIRONMENTAL MANAGEMENT 

SUBCHAPTER 2B - SURFACE WATER 
STANDARDS: MONITORING 

SECTION .0300 - ASSIGNMENT OF STREAM 
CLASSIFICATIONS 

The Allen Creek hearing (15 A NCAC 2B .0304) 
previously noticed in 10:16 NCR 1846-1848 has been 
postponed until April 16, 1996 at 7:00 p.m., at the 
Waynesville Town Hall (Board Room), 106 South Main 
Street, Waynesville, NC. This meeting was previously 
scheduled to be held on February 6, 1996. 

Notice is hereby given in accordance with G.S. 
150B-21.2(c) that the NC Marine Fisheries Commission 
intends to amend rule cited as 15 A NCAC 03J . 0401 with 
changes from the proposed text noticed in the Register. 
Volume 10, Issue 14, pages 1344. 

Proposed Effective Date: June 1, 1996 

Reason for Proposed Action: Deletes expiration date on 
proclamation authority for restricting fishing gear to resolve 
user conflicts. 

Comment Procedures: Written comments may be submitted 
to the Marine Fisheries Commission, P.O. Box 769, 
Morehead City, N. C. 28557. These written comments must 
be received no later than 10:30 a. m. , March 18, 1996. 

Fiscal Note: This Rule does not affect the expenditures or 
revenues of state or local government funds. 

SUBCHAPTER 3J - NETS, POTS, 
DREDGES, AND OTHER FISHING DEVICES 

SECTION .0400 - nSHING GEAR 



.0401 FISHING GEAR 

(a) The Fisheries Director in order to address issues 
involving user conflicts may, by proclamation, close the 
areas described in Paragraph (b) of this Rule to the use of 
specific fishing gear. 

(b) It is unlawful to use fishing gear as specified by 
proclamation at the time and dates specified in the proclama- 
tion between the Friday before Easter through December 3 1 
in the following areas when such areas have been closed by 
proclamation: 

(1) All or part of the Atlantic Ocean, up to one-half 
mile from the beach; 

(2) Up to one-half mile in all directions of Oregon 
Inlet; 

(3) Up to one-half mile in all directions of Hatteras 
Inlet; 

(4) Up to one-half mile in all directions of Ocracoke 
Inlet; 

(5) Up to one-half mile of the Cape Lookout Rock 
Jetty; 

(6) Up to one-half mile in all directions of fishing 
piers open to the public; 

(7) Up to one-half mile in all directions of State 
Parks; 

(8) Up to one-half mile of marinas as defined by the 
Coastal Resources Commission. 

(c) The Fisheries Director shall specify in the proclama- 
tion the boundaries of the closure through the use of maps, 
legal descriptions, prominent landmarks or other permanent 
type markers. 

(d) The Fisheries Director shall hold a public meeting in 
the affected area before issuance of proclamations authorized 
by this Rule. 

( e ) This Rule will bo in e ffoot until July 1. 1996. 



Authority G.S. 
143B-289..4. 



113-133; 113-134; 113-182; 113-221; 



TITLE 17 - DEPARTMENT OF REVENUE 

Notice is hereby given in accordance with G.S. 
150B-21.2(c) that the North Carolina Department of 
Revenue intends to amend rules cited as 17 NCAC 7B . 1101, 
.1105, .1108- .1110, .1112, .1114, .1123, .1602, .1701 - 
.1702, .1802, .2401, .4002, .4004, .4008, .4301, .4408, 
.4902; repeal 7B .2601. 

Proposed Effective Date: May 1, 1996 

Editor's Note: G.S. 150B- 1(d)(4) exempts the Department 
of Revenue from Part 2 Article 2A of Chapter 150B with 
respect to the notice and hearing requirements. The 
Department will however publish the text of proposed rules 
in the North Carolina Register prior to the scheduled time of 
review by the Rules Review Commission. 



2688 



NORTH CAROLINA REGISTER 



February I, 1996 



10:21 



PROPOSED RULES 



Reason for Proposed Action: 

17 NCAC 7B .1101, .1105, .1108 - .1110, .1112, .1114, 

.1123, .1602, .1702, .1802, .2401, .4002, .4004, .4008 - 

These rules are being amended to reflect changes made to 

the General Statutes as enacted by the 1995 General 

Assembly. 

17 NCAC 7B .1701 - This rule is being amended to clarify 

that the Department of Transportation is not subject to sales 

or use tax. 

17 NCAC 7B .2601 - This rule is being repealed to reflect 

changes made to the General Statutes as enacted by the 

1995 General Assembly. 

17 NCAC 7B .4301 - This rule is being amended to reflect 

changes made to the filing requirements of the Interstate 

Commerce Commission or the United States Department of 

Transportation . 

17 NCAC 7B .4408 - This rule is being amended to delete 

a reference to Administrative Ride 17 NCAC 73 .4619 which 

has been repealed and to refer to G.S. 105-187.1 through 

12. 

17 NCAC 7B .4902 - This rule is being amended to reflect 

all applicable rates of tax. 

Comment Procedures: Written public comment should be 
addressed to Jack L. Harper, Assistant Secretary for Tax 
Administration, PO Box 871, Raleigh, NC 27602-0871. 
Comments must be received by March 4, 1996. 

Fiscal Note: These Rules do not affect the expenditures or 
revenues of state or local government funds. 

CHAPTER 7 - SALES AND USE TAX 

SUBCHAPTER 7B - STATE SALES AND USE TAX 

SECTION .1100 - SALES OF BULK 

TOBACCO BARNS: FARM MACHINES 

AND MACHINERY 

.1101 FARM MACHINES: MACHINERY: BULK 
TOBACCO BARNS 

(a) Sales to farmers of machines and machinery, and 
parts therefor or accessories thereto for use by them in 
planting, cultivating, harvesting or curing of farm crops 
including nursery or greenhouse stock Md products of the 
forest , or to dairy operators, poultry farmers, egg produc- 
ers, and commercial producers of animals liv e otook formoro 
for uo e by th e m in tho production of dair>' produoto, poultr)' 
products, ogga, or livostock are subject to the one percent 
rate of tax with a maximum tax of eighty dollars ($80.00) 
jjer article of merchandise. Sales of machines and machin- 
eiy, and the parts therefor or accessories thereto, to farmers 
for any purpose or use not defined in this Rule, or to any 
person other than a farmer as herein defined, even though 
for a use or purjwse herein defined, are subject to the four 
percent state and any applicable local sales or use tax 
without limitation. In other words, to qualify for the one 



percent rate of tax and the eighty dollar ($80.00) maximum 
tax per article, the transaction must be a sale of a machine 
or machinery, or parts therefor or accessories thereto, to a 
farmer for one of the uses or purposes herein defined and 
unless all three conditions are met, the sale is subject to the 
four percent state and any applicable local sales or use tax 
without limit. 

The sale to fkrmers of a buUc curing bam with perforated 
floors, curers, racks, fans, motors, dampers and flues will 
constitute the sale of one article and an eighty dollar 
($80.00) maximum tax will be applicable thereto. 

Part I of the Farmer's Certificate, Form E-599, may be 
completed by a farmer or producer and accepted by a 
vendor as the authority for applying the one i>ercent rate of 
tax, maximum eighty dollars ($80.00) per article, on sales, 
leases or rentals of the following: 

(1) Farm machinery and parts and accessories 
thereto for use in planting, cultivating, harvest- 
ing or curing farm crops, including nursery or 
greenhouse stock and products of the forest, or 
for use in the production of dairy products, 
poultry, eggs, liv e otook or livestock, fish or 
aquatic plants . 

(2) Bulk tobacco bams and racks and all parts and 
accessories thereto and similar apparatus used 
for curing and drying farm produce. 

(3) Grain, feed or soybean storage facilities and 
accessories thereto. 

(4) Containers for use in the planting, producing, 
harvesting, curing, marketing, packaging, sale, 
or transpKDrting or delivery of products when 
such containers do not go with and become a 
part of the sale of products. 

Part n of a Farmer's Certificate may be completed by a 
farmer or producer and accepted by a vendor as the author- 
ity for exempting from sales or use tax the following: 

(5) Wrapping paper, labels, wrapping twine, paper, 
cloth, plastic bags, cartons, packages and con- 
tainers, wooden boxes, baskets, coops, barrels, 
and like articles sold to farmers and producers 
when such materials are used for packaging, 
shipment or delivery of tangible personal prop- 
erty which is sold either at wholesale or retail 
and when such articles constitute a part of the 
sale of such tangible personal property and are 
delivered with it to the customer. 

When a customer makes a purchase and executes Part I or 
Part n of a Farmer's Certificate which is then furnished to 
the vendor, the vendor is relieved of the liability for any 
additional tax that is subsequently determined to be due and 
the purchaser has assumed liability for the tax. This is not 
the case if the vendor does not have a properly executed 
Form E-599 on file. In the absence of the certificate, the 
vendor can be held liable for any additional tax determined 
to be due on a transaction. 

(b) The following are examples of sales of machines and 
machinery and the parts therefor and accessories thereto, 



10:21 



NORTH CAROLINA REGISTER 



February 1, 1996 



2689 



PROPOSED RULES 



which qualify for the one percent rate of tax with the eighty 

dollars ($80.00) maximum when sold to general farmers for 

use by them in planting, cultivating, harvesting or curing 
farm crops: 

(1) tractors, 

(2) plows, 

(3) harrows, 

(4) cultivators, 

(5) mowers, 

(6) planters, 

(7) com pickers and snappers, 

(8) manure spreaders, 

(9) manure loaders, 

(10) harvester threshers, 

(11) rotary tillers, 

(12) fertilizer distributors, 

(13) wind-rowers, 

(14) forage blowers, 

(15) stalk cutters, 

(16) seeders, 

(17) grain loaders, 

(18) harvesters, 

(19) cotton pickers, 

(20) rotary hoes, 

(21) com and hay elevators, 

(22) tobacco curers, 

(23) tobacco flues, 

(24) tobacco tmcks or slides, 

(25) wagons, 

(26) non-highway trailers, 

(27) mechanical rakes, 

(28) balers, 

(29) rod weeders, 

(30) combines, 

(31) tobacco transplanters, 

(32) shredders for com stalks, 

(33) power loader lifts, 

(34) platform carriers, 

(35) portable insecticide sprayers, 

(36) chain saws, 

(37) motor oils, greases, lubricants and anti-freeze; 

(38) hydraulic fluids. 

(c) Examples of items which are subject to the four 
percent state and any applicable local sales or use tax when 
sold to farmers for general purposes: 

(1) lawn mowers; 

(2) snow plows; 

(3) oil storage tanks and fittings; 

(4) drainage tile; 

(5) paint, cleaning compounds and brushes; 

(6) baler twine; 

(7) tobacco sticks and tobacco twine; 

(8) tools for maintaining machinery and equipment; 

(9) plastic mulch, plant bed covers and tobacco 
canvas. 

(d) The lists in Paragraphs (b) and (c) of this Rule are not 
intended to be exclusive, but are for illustrative purposes 



only. If there is any question whatever as to the tax status 
of any item which does not appear therein, such question 
shall be submitted to the secretary, together with a detailed 
statement of the business of the purchaser, the design and 
structure of the article, and its use, to the end that the 
applicable rate of tax may be correctly determined. 

(e) The word farmer as used in this Rule includes crop 
farmers, dairy operators, poultry farmers, egg producers, 
livestock farmers, nurserymen, greenhouse operators, 
farmers who raise fish or water plants, orchardmen and 
other persons coming within the generally accepted defini- 
tion of the word. It does not include a person who merely 
cultivates a garden for personal use. 

Authority G.S. 105-164.4; 105-164.6; 105-262. 

,1105 ANIMAL CLIPPERS 

Sales of animal clippers and parts therefor to livootook 
farmers for use in the commercial production of animals 
livootock are exempt from tax when such clippers are placed 
or installed in or affixed to any commercially manufactured 
facility, enclosure or structure used for commercial purposes 
in housing, raising or feeding of liv e otook. animals. 

Authority G.S. 105-164.4; 105-164.6; 105-164.13; 105-262. 

.1108 EGG COOLING CABINETS 

Sales of egg cooling cabinets to be placed or installed in 
or affixed to any commercially manufactured facility. 
enclosure or structure specifically designed, constructed and 
used for commercial purposes for housing, raising or 
feeding poultry are exempt from sales or use tax. 

Authority G.S. 105-164.4; 105-164.6; 105-164.13; 105-262. 

.1109 FEED MILLS 

Sales of feed mills to be placed or installed in or affixed 
to any commercially manufactured facility, enclosure or 
structure specifically designed, constmcted and used for 
commercial purposes for housing, raising or feeding animals 
swino. livestock or poultry are exempt from sales or use 
tax. 

Authority G.S. 105-164.4; 105-164.6; 105-164.13; 105-262. 

.1110 COOLING FANS 

Sales of cooling fans to be placed or installed in or affixed 
to any commercially manufactured facility, enclosure or 
structure specifically designed, constructed and used for 
commercial purposes for housing, raising or feeding animals 
Dwin e . livootook or poultry are exempt from sales or use 
tax. 

Authority G.S. 105-164.4; 105-164.6; 105-164.13; 105-262. 

.1112 SILO UNLOADERS: BARN 
CLEANERS 



2690 



NORTH CAROLINA REGISTER 



February 1, 1996 



10:21 



PROPOSED RULES 



Sales of silo unloaders and mechanical barn cleaners to be 
placed or installed in or affixed to any commercially 
manufactured facility, enclosure or structure specifically 
designed, constructed and used for commercial purposes for 
housing, raising or feeding animals s wine, livoatock or 
poultry are exempt from sales or use tax. 

Authority G.S. 105-164.4; 105-164.6; 105-164.13; 105-262. 

.1114 SCALES 

Sales of scales to be placed or installed in or affixed to 
any commercially manufactured facility, enclosure or 
structure specifically designed, constructed and used for 
commercial purposes for housing, raising or feeding animals 
owLn e , livootook or poultry are exempt from sales or use 
tax. 

Authority G.S. 105-164.4; 105-164.6; 105-164.13; 105-262. 

.1123 CERTAIN SALES TO COMMERCIAL 
ANIMAL FARMERS 

For the purpose of this Rule, the word "animal" means 
wordfl "ov ^ 'in e , liv e otook and poultry" include swine, cattle, 
horses, mules, sheep, chickens, turkeys and other similar 
domestic oninmlo oa d animals, fowl and fish usuxUly held or 
produced on a form for commercial purposes. The word 
"commercial" shall mean "h e ld or produc e d "produced for 
income or profit." It does not include one who merely 
produces animals swino, livestock or poultry for one's 
personal use or consumption and not for sale. Commercial 
animal swine, liv e otook or poultry farmers, and contractors 
performing contracts with commercial animal swino, 
livestock or poultry farmers and subcontractors performing 
contracts with general contractors who contract with 
commercial animal owin e , liv e etook or poultry farmers may 
obtain Commercial Animal Swino, Livestock and Poultry 
Farmers' Certificate, Form E-599S, from the Office 
Services Division, Taxpayer Assistance Section, North 
Carolina Department of Revenue, to be executed by them 
and furnished to their vendors in coimection with such 
purchases as the vendor's authority to exempt such pur- 
chases from sales and use taxes. If a Form E-599S is 
properly executed, a vendor is relieved of liability for any 
additional tax found to be due with reference to any sales on 
which the vendor rehed on the certificate and did not charge 
sales tax. By executing the certificate, the purchaser 
assumes liability for any sales tax subsequently determined 
to be due. The vendor is not protected in this manner 
without the certificate. Vendors that do not choose to use 
the Commercial Animal Swin e , Livootook and Poultry 
Farmers' Certificate must maintain other written evidence 
adequate to support the conclusion that such sales are 
exempt from tax in accordance with the provisions of G.S. 
105-164. 13(4c). 

Authority G.S. 105-164.4; 105-164.6; 105-164.13; 105-262. 



SECTION .1600 - SALES TO OR BY 

HOSPITALS: EDUCATIONAL: 

CHARITABLE OR RELIGIOUS 

INSTFTUTIONS: ETC.: AND 

REFUNDS THERETO 

.1602 REFUNDS TO NONPROFIT ENTITIES 
AND MEDICEVfES AND DRUGS 
PURCHASED BY HOSPITALS 

(a) The refund provisions contained in this Rule do not 
apply to the tax on taxable sales by the nonprofit entities 
inotitutiono and organizationo named in G.S. 105-164. 14(b) 
and no part thereof shall be refunded or claimed as a 
refund. Nonprofit entities Institutions and organizationa 
properly registered for sales and use tax purposes may 
purchase the tangible personal property which they resell 
without paying tax thereon to their suppliers provided they 
have furnished such suppliers with properly executed 
Certificates of Resale, Form E-590. Certificates of resale 
may not be used by any nonprofit entity inotitution or 
organization in making purchases of tangible personal 
property to be used or consumed by such purchaser. 

(b) All refund claims must be substantiated by proper 
documentary proof and only the taxes actually paid by the 
claimant during the jjeriod for which the claim for refimd is 
filed may be included in the claim. Any local sales or use 
taxes included in the claim must be separately stated in the 
claim for refund. In cases where more than one county's 
tax has been paid, a breakdown must be attached to the 
claim showing the amount of each county's local tax 
separately. 

(c) As to taxes paid on the claimant's purchases for use, 
other than those made by contractors performing work for 
the claimant, invoices or copies of invoices showing the 
property purchased, the cost thereof, the date of purchase 
and the amount of state and local sales or use tax paid 
during the refund jjeriod wUl constitute proper documentary 
proof. 

(d) To substantiate a refund claim for sales or use taxes 
paid on purchases of building materials, supplies, fixtures 
and equipment by its contractor, the claimant must secure 
from such contractor certified statements setting forth the 
cost of the property purchased from each vendor and the 
amount of state and local sales or use taxes paid thereon. 
In the event the contractor makes several purchases from the 
same vendor, such certified statement must indicate the 
invoice numbers, the inclusive dates of the invoices, the 
total amount of the invoices and the sales and use taxes paid 
thereon. Such statement must also include the cost of any 
tangible jjersonal property withdrawn from the contractor's 
warehouse stock and the amount of state and local sales or 
use tax paid thereon by the contractor. Similar certified 
statements by his subcontractors must be obtained by the 
general contractor and fiimished to the claimant. Any local 
sales or use taxes included in the contractor's statements 
must be shown separately from the state sales or use taxes. 
The contractor's statements must not contain sales or use 



10:21 



NORTH CAROLINA REGISTER 



February 1, 1996 



2691 



PROPOSED RULES 



taxes paid on purchases of tangible personal property by 
such contractors for use in performing the contract which 
does not annex to, affix to or in some manner become a part 
of the building or structure being erected, altered or 
repaired which is owned or leased by a nonprofit entity for 
use by a nonprofit entity for th e inotitutiona and orgoniza 
tieas named in G.S. 105-164. 14(b) for carrying on its 
nonprofit activities . Examples of property on which sales 
or use tax has been paid by the contractor and which shall 
not be included in the contractor's statement are scaffolding, 
forms for concrete, fiiel for the operation of machinery and 
equipment, tools, equipment repair parts, equipment rentals 
and blueprints. 

(e) The refund provisions set forth in this Rule apply only 
to the nonprofit entities inotitutiono and orgonizationo 
described in G.S. 105-164. 14(b), but do not apply to 
nonprofit fraternal, civic or patriotic organizations, notwith- 
standing that such organizations may perform certain 
charitable functions. The refund provisions set forth in this 
Rule do not apply to nonprofit entities organizations, 
eef[:> jmtion9 and institutions which are owned and controlled 
by the United States, the state or a unit of local government 
except hoopital faoilitioo hospitals and medical accommoda- 
tions created under the Hospital Authorities Law. Article 43 
2 of Chapter 434 131E of the General Statutes and nonprofit 
hospitals owned and controlled by a unit of local govern- 
ment that elect to receive semiannual refunds under G.S. 
105-164. 14(b) instead of annual refunds under G.S. 
105-164. 14(c). Any nonprofit hospital owned and con- 
trolled by a unit of local government may submit a written 
request to receive semiannual refiinds under G.S. 
105-164. 14(b) instead of annual refunds under G.S. 
105-164. 14(c). The request is effective beginning with the 
six-months refund period following the date of the request 
and applies to sales or use taxes paid on or after the first 
day of the refund period for which the request is effective. 

(f) The refund provisions of this Rule are not applicable 
to sales taxes incurred by employees on purchases of food, 
lodging or other taxable travel expenses paid by employees 
and reimbursed by the type of nonprofit entities institutions 
and organizations named in G.S. 105-164. 14(b). Such 
expenses are personal to the employee since the contract for 
food, shelter and travel is between the employee and the 
provider and payment of the tax is by the employee individ- 
ually and personally. Such nonprofit entities inatitutiona and 
organizations have not incurred and have not paid any sales 
tax liability. In such cases, it has chosen to reimburse a 
personal expense of the employee. The refund provisions 
of this Rule do not apply to sales tax paid by the nonprofit 
entities organizations — and — institutions named In G.S. 
105-164.14(1)) on charges by a utility for electricity, piped 
natural gas and local, toll or private telecommunications 
services; to the occupancy taxes levied and administered by 
certain counties and cities in this state; to the prepared food 
and beverage taxes levied by various local governments in 
North Carolina; to the highway use taxes paid on the 
purchase, lease or rental of motor vehicles; to the scrap tire 



disposal tax levied on new motor vehicle tires; or to the 
white goods disposal tax levied on new white goods. Such 
taxes shall not be included in any claim for refund filed by 
such nonprofit entities. Lnatitutions and organizations. 

Authority G.S. 105-164.14; 105-262; 105-264. 

SECTION .1700 - SALES TO OR BY THE 

STATE: COUNTIES: CITIES: AND 

OTHER POLITICAL SUBDIVISIONS 

.1701 GOVERNMENTAL SALES AND 
PURCHASES 

(a) Sales to the State of North Carolina, counties, cities 
and political subdivisions or agencies thereof, except sales 
to the Department of Transportation, of: 

(1) tangible personal property not specifically ex- 
empt by statute for the purpose of use or con- 
sumption are subject to the four percent state tax 
and any applicable local sales or use tax; 

(2) pip>ed natural gas, electricity and local telecom- 
munications services are subject to the three 
percent state tax; and 

(3) the gross receipts derived from intrastate toll and 
private telephone services are subject to the six 
and one-half percent state tax. 

The exemption for the Department of Transportation does 
not extend to sales of tangible personal property to contrac- 
tors for use in the performance of contracts with the 
Department of Transportation nor to sales of tangible 
f)ersonal property to other state agencies, local governments 
or employees of the Department of Transportation. Sales of 
building materials, supplies, fixtures and equipment to 
contractors for use in the performance of contracts with the 
federal govenmient or any above referred to governmental 
units or agencies are also subject to the sales or use tax. 

(b) When the State of North Carolina, counties, cities, 
towns, and political subdivisions or any agencies th e reof 
thereof, with the exception of the Department of Transporta- 
tion, make taxable purchases of tangible personal property 
from a North Carolina supplier or registered out-of-state 
supplier who charges the North Carolina and any applicable 
local sales or use tax thereon, such governmental unit or 
agency must remit the tax on such purchases to the supplier. 
Any such governmental unit or agency making taxable 
purchases of tangible personal property from an out-of-state 
supplier who does not collect the North Carolina and any 
applicable local sales or use tax thereon is required to 
register with the department and remit monthly the tax due 
on such purchases. Any governmental unit or agency so 
required to register which does not owe any tax for a given 
month shall file a report reflecting no tax due. 

(c) If any governmental unit or agency referred to in 
Paragraph (b) of this Rule makes taxable retail sales of 
tangible personal property, it must register with the depart- 
ment and collect and remit the tax due on such sales. The 
refund provisions contained in G.S. 105-164. 14(c) do not 



2692 



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February 1, 1996 



10:21 



PROPOSED RULES 



apply to the tax on such sales and no part thereof shall be 
refunded or claimed as a refund. Governmental units and 
agencies properly registered for sales and use tax purposes 
may purchase the tangible personal property which they 
resell without paying tax thereon to their suppliers provided 
they have furnished such suppliers with properly executed 
Certificates of Resale, Form E-590. Certificates of resale 
may not be used by any governmental unit or agency herein 
referred to, or by any other vendee, in making purchases of 
tangible personal property to be used or consumed by such 
purchaser. 

Authority G.S. 105-164.4; 105-164.6; 105-262. 

.1702 REFUNDS TO COUNTIES: CITIES: ETC. 

(a) Governmental entities, as defined by G.S. 
105-164. 14(c), are entitled to an annual refund of sales 
and/or use taxes paid by them on their direct purchases of 
tangible personal property, subject to the terms and condi- 
tions hereafter set forth. The refund provisions of this Rule 
are not applicable to sales taxes incurred by employees on 
purchases of food, lodgings or other taxable travel expenses 
paid by employees and reimbursed by govenunental entities. 
Such expenses are personal to the employee since the 
contract for food, shelter and travel is between the employee 
and the provider and payment of the tax is by the employee 
individually and personally. The governmental entity has 
not paid any sales tax liability. In such cases, it has chosen 
to reimburse a personal expense to the employee. The 
refund provisions of this Rule do not apply to sales taxes 
paid by the governmental entities organizations and inotitu 
tieas named in G.S. 105-164. 14(c) on charges by a utility 
for electricity, piped natural gas and local, toll or private 
telecommunications services; to the occupancy taxes levied 
and administered by certain counties and cities in this state; 
to the prepared food and beverage taxes levied by various 
local governments in North Carolina; to the highway use 
taxes paid on the purchase, lease or rental of motor vehi- 
cles; to the scrap tire disposal tax levied on new motor 
vehicle tires; or to the white goods disposal tax levied on 
new white goods. Governmental entities, as defined, and 
the Federal Government are entitled to annual refunds of 
sales and/or use taxes paid in North Carolina by their 
contractors on purchases of building materials, supplies, 
fixtures and equipment which become a part of or are 
annexed to any building or structure being erected, altered 
or repaired under contract with such governmental entities 
which is owned or leased by such governmental entities for 
their use . 

Nonprofit hospitals owned and controlled by a unit of local 
government may file claims for refund of sales and use 
taxes on a semiannual basis under the provisions of G.S. 
105-164. 14(b) rather than file annually as a part of the local 
government. In order to file semiannually, the hospital 
must submit a written request to the Secretary of Revenue 
and the request will be effective beginning with the 
six-month refund period following the date of the request 



and applies to sales and use taxes paid on or after the first 
day of the refiind period for which the request is effective. 

(b) All refund claims must be substantiated by proper 
documentary proof and only those taxes actually paid by the 
claimant during the fiscal year covered by the refund claim 
may be included in the claim. Any local sales or use taxes 
Included in the claim must be separately stated in the claim 
for refund. In cases where more than one county's sales 
and use tax has been paid, a breakdown must be attached to 
the claim for refund showing the amount of each county's 
local tax separately. 

(c) As to taxes paid by governmental entities on purchases 
for use, other than those made by contractors performing 
work for the claimant, invoices or copies of invoices 
showing the property purchased, the cost thereof, the date 
of purchase, the amount of state and local sales or use tax 
paid thereon and a record reflecting the date of payment will 
constitute proper documentary proof. 

(d) To substantiate a refund claim for sales or use taxes 
paid on purchases of building materials, supplies, fixtures, 
and equipment by its contractor, the claimant must secure 
from such contractor certified statements setting forth the 
cost of the property purchased from each vendor and the 
amount of state and local sales or use taxes paid thereon. 
In the event the contractor makes several purchases from the 
same vendor, such certified statement must indicate the 
invoice numbers, the inclusive dates of the invoices, the 
total amount of the invoices, and the state and local sales 
and use taxes paid thereon. Such statement must also 
include the cost of any tangible personal property withdrawn 
from the contractor's warehouse stock and the amount of 
state and local sales or use tax paid thereon by the contrac- 
tor. Similar certified statements by his subcontractors must 
be obtained by the general contractor and furnished to the 
claimant. Any local sales or use taxes included in the 
contractor's statements must be shown separately from the 
state sales or use taxes. The contractor's statements must 
not contain sales or use taxes paid on purchases of tangible 
personal property purchased by such contractors for use in 
jDerforming the contract which does not annex to, affix to or 
in some manner become a part of the building or structure 
being erected, altered or repaired that is owned or leased by 
a governmental entity for use by the governmental entity 
ontitiofl as defined by G.S. 105-164. 14(c). Examples of 
property on which sales or use tax has been paid by the 
contractor and which shall not be included Ln the contrac- 
tor's statement are scaffolding, forms for concrete, fuel for 
the operation of machinery and equipment, tools, equipment 
repair parts, equipment rentals and blueprints. 

Authority G.S. 105-164.14; 105-262. 

SECTION .1800 - HOSPITALS AND 
SANITARIUMS 

.1802 REFUNDS TO HOSPITALS: ETC. 

(a) Hospitals, sanitariums, religious institutions and 



10:21 



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February 1, 1996 



2693 



PROPOSED RULES 



organizations, charitable nursing homes, and charitable rest 
homes not operated for profit are entitled to semiannual 
refunds of sales and/or use taxes paid by them on their 
direct purchases of tangible personal property, including 
medicines and drugs, for use in carrying on their work. For 
the purpose of the refund, sales or use taxes paid by 
contractors on their purchases of building materials, sup- 
plies, fixtures and equipment which become a part of or are 
annexed to a buUding or structure being erected, altered or 
repaired under contract with such hospitals, sanitariums, 
charitable nursing homes and charitable rest homes that is 
owned or leased by such institutions and used for u8o in 
carrying on their nonprofit activities are deemed to be taxes 
paid on direct purchases. 

(b) As to taxes paid on purchases for use other than those 
made by contractors performing work for the claimant, 
invoices or copies of invoices showing the property pur- 
chased, the cost thereof, the date of purchase and the 
amount of sales or use tax paid thereon during the refund 
period will constitute proper documentary proof. To 
substantiate a refund claim for sales or use taxes paid on 
purchases of building materials, supplies, fixtures and 
equipment by its contractor, the claimant must secure from 
such contractor certified statements setting forth the cost of 
the property purchased from each vendor and the amount of 
sales and use taxes paid thereon. In the event the contractor 
makes several purchases from the same vendor, the certified 
statements may indicate the invoice numbers, the inclusive 
dates of the invoices, the total amount of the invoices and 
the sales or use taxes paid thereon in lieu of an itemized 
listing of each separate invoice. The statements must also 
include the cost of any tangible personal projjerty withdrawn 
from the contractor's warehouse stock and the amount of 
sales or use tax paid thereon by the contractor. Similar 
certified statements by his subcontractors must be obtained 
by the general contractor and furnished to the claimant. 

(c) Sales and/or use taxes paid by hospitals, sanitariums, 
charitable nursing homes and charitable rest homes which 
are agencies of counties and incorporated cities and towns 
on their direct purchases of tangible personal property, 
including medicines and drugs, and by their contractors on 
purchases of building materials, supplies, fixtures and 
equipment becoming a part of or annexing to a building or 
structure being erected, altered or repaired under contract 
with such institutions that is owned or leased by such 
institutions for their own use are also refundable; however, 
such refund must be included in the claim filed by the 
county or incorporated city or town which is to be filed 
within six months after the close of the claimant's fiscal 
year. The documentary proof as explained in Paragraph (b) 
of this Rule shall be submitted to the county or incorporated 
city or town filing the claim. The refund provisions are not 
applicable to hospitals, sanitariums, charitable nursing 
homes and charitable rest homes which are agencies of the 
state or any political subdivisions thereof other than counties 
and incorporated cities and towns. Nonprofit hospitals 
owned and controlled by a unit of local government may file 



for a refiind on a semiaimual basis under G.S. 
105-164. 14(b) rather than file annually as a part of the local 
government unit. In order to file semiannually, the institu- 
tion must submit a written request to do so to the Secretary 
of Revenue and the request is effective beginning with the 
six-months refund period following the date of the request 
and applies to sales and use tax paid on or after the first day 
of the refund period for which the request is effective. 

(d) The refund provisions set forth in Paragraphs (a), (b) 
and (c) of this Rule are not applicable to taxes paid by 
hospitals, sanitariums, religious institutions and organiza- 
tions, charitable nursing homes and charitable rest homes on 
their taxable sales and these taxes shall not be refunded or 
claimed as a refund. The refimd provisions are not applica- 
ble to sales tax incurred by employees on purchases of food, 
lodgings or other taxable travel expenses paid by employees 
and reimbursed by the institution. Such expenses are 
personal to the employee since the contract for food, shelter 
and travel is between the employee and the provider and 
payment of the tax is by the employee individually and 
personally and such tax shall not be refunded under the 
provisions of this Rule. The institution has incurred and 
paid no sales tax liability. In such cases, it has chosen to 
reimburse a personal expense of the employee. 

(e) The refund provisions set forth in Paragraphs (a), (b) 
and (c) of this Rule are not applicable to sales taxes paid by 
hospitals, sanitariums, charitable nursing homes and 
charitable rest homes on charges by a utility for electricity, 
pijjed natural gas and local, toll or private telecommunica- 
tions services; to the occupancy taxes levied and adminis- 
tered by certain counties and cities in this state; to the 
prepared food and beverage taxes levied by various local 
governments in North Carolina; to the highway use taxes 
paid on the purchase, lease or rental of motor vehicles; to 
the scrap tire disposal tax levied on new motor vehicle tires; 
or to the white goods disposal tax levied on white goods. 

Authority G.S. 105-164.14; 105-262; 105-264. 

SECTION .2400 - VETERINARIANS 

.2401 SALES TO VETERINARIANS 

(a) Veterinarians are engaged in rendering professional 
services and are the users or consumers of medicines or 
drugs and other tangible personal property which they 
purchase for use in administering treatment to animals. 
Purchases by veterinarians of medicines or drugs for use in 
the treatment of pets, such as birds, dogs and cats, are 
subject to the four percent state tax and any applicable local 
sales or use tax notwithstanding such medicines and drugs 
may be of the type usually sold on the prescription of a 
veterinarian. Veterinarians shall remit the tax due on such 
purchases to their suppliers who collect and remit North 
Carolina sales and/or use taxes. When such purchases are 
made from out-of-state suppliers who do not collect and 
remit the applicable sales or use tax, the veterinarians are 
liable for remitting the use tax due thereon directly to the 



2694 



NORTH CAROLINA REGISTER 



February 1, 1996 



10:21 



PROPOSED RULES 



North Carolina Department of Revenue. Purchases and 
sales by veterinarians of medicines and drugs for use in the 
treatment of animals, livootook and poulti^', including cattle, 
horses, mules, sheep, chickens, turkeys and other domestic 
animals usually found on a farm, and other animals or 
poultry held or produced for commercial purposes are 
exempt from sales or use tax. 

(b) Veterinarians who make purchases of medicines or 
drugs for use in the treatment of animals livootook, poultry 
and pets, and by reason of the multiple uses to be made of 
the medicines or drugs cannot determine the application of 
tax thereto until they are used may, in connection with such 
purchases, furnish Veterinarian's Certificate, Form E-567, 
to their vendors and assume liability for payment of the 
applicable tax to the Secretary of Revenue on that portion 
which is used in the treatment of pets. Veterinarians 
making purchases pursuant to a Veterinarian's Certificate, 
Form E-567, must register with the Department for the 
purpose of remitting the use tax due on that portion of such 
medicines and drugs used in treating pets. The certificate 
must be prepared in duplicate and copies retained by the 
veterinarian and the vendor as a part of their permanent 
records. Vendors that do not choose to use the Veterinar- 
ian's Certificate, Form E-567, shall maintain other evidence 
in writing adequate to support the conclusion that such sales 
are exempt from tax in accordance with the provisions of 
G.S. 105-164.13(2). 

(c) Sales to veterinarians of medical supplies, including 
such items as cotton, gauze, adhesive tape, bandages and 
other dressings and medical instruments and equipment, 
such as knives, needles, scissors, microscopes, x-ray 
machines and other laboratory equipment used for testing 
and diagnosis, and for the prevention, treatment or cure of 
diseases in animals are subject to the four percent state tax 
and any applicable local sales or use tax. 

Authority G.S. 105-164.4; 105-164.6; 105-164.13; 105-262. 

SECTION .2600 - LIABILITY OF 

CONTRACTORS: USE TAX ON EQUIPMENT 

BROUGHT INTO STATE: 

BUILDING MATERIALS 

.2601 USE TAX ON EQUIPMENT 
BROUGHT INTO STATE 

(a) Th e us e tax e otablish e d by G.S. 105 161. 6(g) oholl be 
oomputod on tho bosiB of ouoh proportion of th e original 
purohaso prico of Buch proport)' as tho duration of timo of 
U90 in this state bears to tho total usoful lifo thoroof. — Fef 
th e purpoQoo of this Paragraph, th e word "u& e " shall m e an 
and includ e uoo, storag e , oonoumption and stand by time 
occasionod by woathor conditions, controvorsios or othor 
causos, it being tho intention of this Paragraph that tho tax 
shall be oomputod upon th e baoia of th e r e lativ e tim e e ach 
item of e quipm e nt is in this otat e rath e r than upon the basis 
of actual use. 

(b) Boforo any profwrty subject to tho uso tax is brought 



into this state for uoo aa provided above, tho ownor, or, if 
tho prop e rty io loaood, tho looooo oholl rogiotor with tho Sales 
and Uo e Tax Division of th e North Carolina Department of 
Rovonuo. After rogistoring, tho taxpayer shall file monthly 
roporta on forma furnished by tho Socrotar>' of Rovonuo 
r e porting ouoh prop e rt)' brought, import e d or oauood to bo 
brought into this state during th e pr e c e ding cal e ndar month, 
together with romittanoo of tho amount of tax duo. — Such 
reports ore to bo filed on or befor e tho 15th of tho month 
following the month in vvhioh ouoh proport)' wao brought 
into this stat e . 

Monthly reports filod pursujmt to this Rulo shall bo accom 
paniod by a schedule li s ting tho property included in tho 
r e port and showing th e original ooot prio e , duration of timo 
of uoo in this state, total us e ful lif e , and tho taxable amount 
for oach item. 

Tho taxable amount on each item of property shall bo 
computed by multiplying th e original purohaso price by tho 
duration of tim e of us e in thia atato and dividing tho rooult 
by tho total uaofiil lifo, expressed in tho some unita of timo 
as tho duration of timo of uso in thia stato, as follows: 



Original purohao e prio e x Duration 

of timo of uso in thia state -= Taxable amount 

Total useful lifo 

In the abs e nce of satisfaotory e vid e nc e as to tho period of 
uso intondod in this state, it will bo presumed that such 
property will remain in this state for tho remainder of its 
us e fiil Uf e , whioh shall b e d e termin e d in aooordanoo with th e 
e xp e ri e no e o and practices of th e building and oonotruotion 
trades. i\ny taxpay e r who clouns a groator ostimatod useful 
lifo for a given piece of equipment than that suggested by 
th e Internal R e v e nu e S e rs'io e in Publication 53 '1 for d e pr e oi 
ation purpoo e o shall s e t forth his r e asons therefor. 

fe) — When a taxpayer Jetoi ' minoa that ho will have no 
further liability for uso tax, ho shall so advise tho Depart 
mont at tho timo his final monthly r e port io fil e d. 

(d) — Nothing in this Rul e shall bo so constru e d as to 
relievo any taxpayer of liability for sales or uso tax loviod 
on solos or purchases of tangible personal property for uso, 
storag e or oonoumption in this stat e under othor provisiona 
of th e Sal e s and Us e Tax Article of th e R e v e nu e Act. — la 
addition to tho uso tax as provided in this Rulo, taxpayers 
ore liable for solos or use tax on all othor tangible personal 
prop e rty' purchas e d for us e , storag e or consumption in this 



Authority G.S. 105-164.6; 105-262. 

SECTION .4000 - FERTILIZER: SEEDS: 
FEED AND mSECTICIDES 

.4002 FERTILIZER AND SEEDS 

(a) Sales of seeds are exempt from sales and use tax. 
The term "seeds" shall mean seeds in their generally 
accepted sense and includes flower seed, sets, tubers, roots. 



10:21 



NORTH CAROLINA REGISTER 



February 1, 1996 



2695 



PROPOSED RULES 



tobacco plants, tomato plants, pepper plants, egg plants, 
potato plants, and other small plants that are raised in beds 
or hothouses for transplanting. The term "seeds" shall not 
include potted plants, trees, shrubs, cut flowers and other 
larger plants. 

(b) Sales of commercial fertilizer on which the inspection 
tax is paid are exempt from the sales and use tax. Sales of 
lime and land plaster for agricultural purposes whether the 
inspection tax is paid or not are exempt from sales and use 
tax. 

(c) The term "agricultural," as used in this Rule, means 
cultivating the soil for the production of crops for sale in the 
regular course of business; the production of animals poultry' 
or liveotook for sale in the regular course of business; or the 
holding and management of poultr>' or animals for the 
production of poultry' and animal products for sale in the 
regular course of business. It includes beekeepers, dairy 
operators, poultry farmers, egg producers, livestock farm- 
ers, nurserymen, greenhouse operators, orchardmen and 
other persons engaged in the commercial production of 
plan.s and animals businoas of producing agricultural 
produoto as described in this Rule for sale in the regular 
course of business. It does not include someone who 
merely cultivates the soU for the ornamental effects nor does 
it Include home gardening or commercial activities other 
than the types described in this Rule. 

Authority G.S. 105-164.13; 105-262. 

.4004 INSECTICroES: HERBICmES: ETC. 

(a) Sales of rodenticides, insecticides, herbicides, fungi- 
cides and pesticides, as herein defined, for use in the 
commercial production of animals or plants livoatock, 
poultry and agricultur e are not subject to the sales or use 
tax. For the purpose of this Rule the above items are 
defined as follows: 

(1) Insecticide means any substance or mixture of 
substances intended for preventing, destroying, 
repelling, or mitigating any insects. 

(2) Fungicide means any substance or mixture of 
substances intended for preventing, destroying, 
repelling, or mitigating any fungi or plant dis- 
ease. 

(3) Herbicide means any substance or mixture of 
substances intended for preventing, destroying, 
repelling, or mitigating any weed. 

(4) Rodenticide means any substance or mixture of 
substances intended for preventing, destroying, 
repelling, or mitigating rodents. 

(5) Pesticide means any substance used to kill rats, 
mites, insects, fungi and bacteria. 

(b) Herbicides are exempt only when used as weed killers 
for the commercial production of plants, agricultural 
purpoB e o. The other items herein defmed are exempt only 
when purchased for the commercial production of plants 
agricultural use or to spray, dust, dip, fumigate or otherwise 
protect animals held or produced for commercial purposes 



livestock and poultr>' or their quarters against insects, 
diseases or rodents. 

Authority G.S. 105-164.13; 105-262. 

.4008 BREAD USED FOR FEED 

Bulk sales of bread for use as feed for animals held or 
produced for commercial purposes livootock and poultry are 
exempt from tax. Bakeries or stores making such sales 
must show on the sales invoices that the bread is being sold 
as feed and must reflect the name and address of the 
purchaser. If records are not kept supporting sales of this 
type, such sales will be considered taxable. 

Authority G.S. 105-164.13; 105-262. 

SECTION .4300 - REFUNDS TO 
INTERSTATE CARRIERS 

.4301 REFUNDS TO INTERSTATE CARRIERS 

(a) Any person engaged in transporting persons or 
property in interstate commerce for compensation who is 
subject to regulation by, and to the jurisdiction of, the 
Interstate Commerce Commission or the United States 
Department of Transportation and who is required by either 
stjefe federal agency to keep records according to its gener- 
ally accepted accounting principals (GAAP) otnndnrd 
claoaiFication of accounting or, in the case of a small 
certified air carrier, is required by the United States Depart- 
ment of Transportation to make reports of financial and 
operating otatiotioo, statistics is an interstate carrier. An 
interstate carrier may secure from the Secretary of Revenue 
a refund of the North Carolina state and county sales or use 
tax paid by such person on purchases or acquisitions of 
lubricants, repair parts and accessories in this state for 
motor vehicles, railroad cars, locomotives and airplanes 
operated by such person. Class I, II and HI common and 
oontmot oarriero are und e r tho juriodiotion of th e Int e rotato 
Comm e rc e Commission; how e v e r, Claso IH common and 
contract carriorB arc not required to koop records according 
to tho Interstate Commerce Commission's standard claasifi 
cation of aooounting and or e not e ntitl e d to a r e fund under 
the provisions of this Rule. Persons not meeting all of the 
requirements in this Rule are not entitled to a refund under 
the provisions of this Rule. The highway use tax levied 
under Article 5A of Chapter 105 of the General Statutes i« 
not refundabl e und e r th e provioiono of this Rule and the fee 
levied on new motor vehicle tires by the Scrap Tire Dis- 
posal Act are is not refundable under the provisions of this 
Rule. 

(1) The following are items of tangible personal 
property which may be included in purchases on 
line 4 of the application for refund. Form 
E-581, filed by interstate carriers: 

(A) antennas; 

(B) antifreeze; 

(C) bedding for motor vehicle sleeping compart- 



2696 



NORTH CAROLINA REGISTER 



February 1, 1996 



10:21 



PROPOSED RULES 



ments; 

(D) charts for tachographs; 

(E) decals for motor vehicles; 

(F) emergency flares and reflectors; 

(G) fire extinguishers; 

(H) freon or nitrogen used in refrigerating and 

cooling motor vehicles; 
(I) furniture pads; 
(J) lifeboats and oxygen masks; 

(K) load jacks and chains; 

(L) mobile CB radios; 

(M) motor vehicle seat cushions; 

(N) paints for decals; 

(O) polyethylene liners (used to waterproof trail- 
ers); 

(P) pouches for registration cards and permits; 

(Q) radios; 

(R) ramp equipment (aircraft steps used to embark 
or disembark aircraft); 

(S) ropes and chains to tie down cargo (adapted 
for use on motor vehicles; otherwise not 
allowed); 

(T) signs (metal signs attached to trucks); 

(U) tarpaulins; 

(V) tire chains; 

(W) tire and tubes; 

(X) welding rods for repair of motor vehicles; 

(Y) windshield solvents; 

(Z) zipped covers for grills. 

(2) The following are purchases of items of tangible 
personal property which shall not be included in 
the claim: 

(A) drivers' gloves; 

(B) drivers' uniforms; 

(C) food trays (airplanes); 

(D) fork lift tires and parts; 

(E) gauges for testing equipment; 

(F) hand trucks; 

(G) license and inspection fees; 
(H) pallets; 

(I) pillows (airplanes); 

(J) repair labor; 
(K) road service charges; 
(L) security seals; 

(M) sixty percent on recapped tires where forty 
percent of the combined price is taxed (17 
NCAC 7B .1901); 
(N) tire volume discounts; 
(O) tools, shop supplies; 
(P) trip logs; 
(Q) wax and washing supplies. 

(3) The lists in this Rule are not intended to be 
exclusive, but are for illustrative purposes only. 
If there is any question as to whether or not any 
item which does not appear therein should be 
included in total purchases on line 4 of the 
application for refund, a ruling on such items 



may be obtained from the Sales and Use Tax 
Division. 

(b) The Secretary shall compute the North Carolina sales 
or use tax which would be due with respect to all lubricants, 
repair parts and accessories acquired during the refund 
period as though all such purchases were made in this state 
but only on such proportion of the total purchase prices 
thereof as the total number of miles of operation of such 
applicant's motor vehicles, railroad cars, locomotives and 
airplanes within this state bears to the total number of miles 
of operation of such applicant's motor vehicles, railroad 
cars, locomotives and airplanes within and without this 
state, and such amount of sales and use tax as the applicant 
has paid in this state during said refund period in excess of 
the amount so computed shall be refunded to the applicant. 

(c) The Secretary shall compute the county sales or use 
tax which would be due with respect to all lubricants, repair 
parts and accessories acquired during the refund period in 
the same manner as the state sales and use tax set out in 
Paragraph (b) of this Rule. 

(d) AppUcation for reftind forms will be furnished by the 
Secretary of Revenue and shall be signed by a duly autho- 
rized person and notarized. Claims shall be filed quarterly 
within 60 days from the close of each quarter ending in 
March, June, September and December of each year 
covering the purchases or acquisitions during the preceding 
quarter of lubricants, repair parts and accessories for motor 
vehicles, railroad cars, locomotives and airplanes. Any 
claim not filed during the jjeriod sjjecified above will not be 
allowed unless an extension of time has been granted, in 
which case the claim must be filed during the extended 
period. 

(e) The application for refund shall show, in addition to 
all other required information, the total number of miles of 
operation of motor vehicles, railroad cars, locomotives and 
airplanes within and without this state, the total number of 
miles of operation of motor vehicles, railroad cars, locomo- 
tives and airplanes in this state, the total purchase price of 
lubricants, repair parts and accessories for motor vehicles, 
railroad cars, locomotives and airplanes and the total amount 
of North Carolina state and county sales and use tax paid on 
such purchases. Any sales or use tax paid to state or local 
taxing authorities must be excluded from total purchases as 
shown on line 4 of the application for refund. The amount 
of purchases of accessories attached to motor vehicles at the 
time of purchase on which the highway use tax was paid 
shall not be included in total purchases on line 4 of the 
refiind form. The application for refund form contains the 
procedure prescribed for computing the amount of the 
refund and the information necessary to complete such 
application. Records, upon which the appUcation for refund 
is based, must be maintained in such manner as to enable a 
representative of the Department of Revenue to accurately 
and conveniently verify the correctness of the applicant's 
statements. The application for refund shall be completed 
in triplicate and two copies returned to the North Carolina 
Department of Revenue, Office Examination Division, 



10:21 



NORTH CAROLINA REGISTER 



February 1, 1996 



2697 



PROPOSED RULES 



Raleigh, North Carolina, within the time prescribed herein. 
After a representative of the Department has verified the 
correctness of the application for refund, a voucher for the 
amount due, if any, will be issued. 

(f) Nothing in this Rule shall be so construed as to relieve 
any taxpayer of liability for remitting sales or use tax on 
taxable purchases of lubricants, repair parts and accessories 
for motor vehicles, railroad cars, locomotives and airplanes. 

Authority G.S. 105-164.14; 105-262. 

SECTION .4400 - LEASE OR RENTAL 

.4408 LEASES: OUT OF STATE NEGOTUTIONS 

Lessors of motor vehicles may elect to pay the highway 
use tax to the Commissioner of Motor Vehicles when 
applying for a certificate of title for a motor vehicle pur- 
chased for lease or rental or they may collect and remit to 
the Secretary of Revenue the alternate gross receipts tax on 
the lease or rental receipts derived therefrom. Refer to G.S. 
105-187.1 through 12 for the provisions of the highway use 
tax and alternate gross receipts tax rates on motor vehicles. 
To make the election to collect and remit the tax on rental 
receipts, the lessor must complete a Form MVR 608 (Rov. 
10 90) provided by the Division of Motor Vehicles at the 
time of applying for a certificate of title. Once made, an 
election is irrevocable for that motor vehicle. If North 
Carolina Lessors lease motor vehicles to out-of-state lessees 
to be located, domiciled or assigned in this state for use in 
interstate operations, the lessors are required to remit the 
highway use tax to the Commissioner of Motor Vehicles 
when applying for a certificate of title for the vehicles or 
collect and remit the alternate gross receipts tax on the lease 
or rental receipts notwithstanding that the lease may be 
negotiated outside North Carolina or that the vehicles are 
delivered to the lessees at a point outside this state or are 
registered outside this state. If North Carolina lessors lease 
motor vehicles to out-of-state lessees for use exclusively in 
a state other than North Carolina and deliver the vehicles to 
the lessees at a point outside this state, the lessor is not 
hable for the highway use tax on the vehicle or the alternate 
gross receipts tax on the lease receipts. 

Authority G.S. 105-164.4; 105-164.13; 105-262. 

SECTION .4900 - TRANSPORTATION 
CHARGES 

.4902 SHIPMENTS FROM WTTHIN NORTH 
CAROLINA 

(a) Freight, delivery or other transportation charges made 
or {jaid in connection with the sale or purchase of tangible 
personal property are subject to the applicable four fwrcont 
state toK and any applicable local sales or use tax when the 
shipment originates within this state unless title to the 
transported property passes to the vendee at the point of 
origin, or the sale of the property being transfwrted is 



exempt from sales and use tax. Except as provided by 
Paragraph (c) of this Rule, or unless the terms of the sale 
dictate otherwise, title to property being transported is 
deemed to have passed to the purchaser at the point of 
origin only when: 

(1) The vendor delivers the property to a common 
carrier acting in his capacity as such, including 
the U.S. Mails, for delivery to the vendee. If 
property is sold and the vendor contracts for 
delivery with a carrier other than a common 
carrier, unless the sale dictates to the contrary, 
title remains with the vendor. If the vendee 
contracts with a contract carrier, it becomes the 
vendee's property when the contract carrier 
takes delivery; or 

(2) The vendor delivers the property to the vendee 
or his agent for transportation by the vendee or 
his agent. 

A common carrier is any person who transports p>ersons or 
property for the general public for hire. A contract carrier 
is a person operating under an individual contract or 
agreement with another person to transprort persons or 
property for hire. 

(b) Except as provided by Paragraph (a) of this Rule, 
when the vendor prepays transp>ortation charges connected 
with the taxable sale or purchase of tangible personal 
property, the tax shall be computed on the total amount 
charged for the property and for transp)orting the same, even 
though the transportation charges are billed separately or are 
separately stated on the invoice for the property. 

(c) In the case of so-called delivered price shipments or 
shipments FOB the place of destination, the sales and use 
tax must be computed on the delivered price without any 
deduction for transportation charges included therein. When 
tangible personal property the sale or purchase of which is 
subject to tax is delivered freight prepaid and allowed or 
freight collect and allowed, the sales or use tax must be 
computed on the total sales or purchase price of the property 
before any allowance for transportation charges is deducted. 

Authority G.S. 105-164.12; 105-262. 



TITLE 21 - OCCUPATIONAL LICENSING 
BOARDS 

CHAPTER 54 - PSYCHOLOGY BOARD 

Due to adverse weather conditions, the North 
Carolina Psychology Board continued the rule making 
hearing which was published in 10:16C NCR 2111-2124. 
The hearing will be continued at 2:00 p.m. on Thursday, 
February 22, 1996 at the Howard Johnson Coliseum, 3030 
High Point Road, Greensboro, N.C. 



2698 



NORTH CAROLINA REGISTER 



February 1, 1996 



10:21 



TEMPORARY RULES 



The Codifier of Rules has entered the following temporary rule(s) in the North Carolina Administrative Code. Pursuant to 
G.S. 150B-21.1(e), publication of a temporary rule in the North Carolina Register serves as a notice of rule-making 
proceedings for a permanent rule that does not differ substantially from the published temporary rule. 



TITLE 10 - DEPARTMENT OF HUMAN RESOURCES 

Rule-making Agency: Division of Facility Services 

Rule Citation: 10 NCAC 3R .3001, .3010, .3020, .3030, .3032, .3040, .3050 

Effective Date: January 1, 1996 

Fmdlngs Reviewed by the Codifier of Rules: Approved 10 NCAC 3R .3001, .3010, .3020, .3030 (l)-(7) and (8)(e)-(h), 
.3032, .3040 and .3050 as submitted. Disapproved proposed amendments to Rule .3030(8)(a), (b), (c), and (d) and returned 
to the agency. 

Statutory Authority for the rule-making: 13 IE- 176(25); 131E-177(1); 131E-183(b) 

Reason for Proposed Action: Establish rules for the 1996 State Medical Facilities Plan. 

Comment Procedures: Written comments should be submitted to Jackie Sheppard, APA Coordinator, PO Box 29530, 
Raleigh, NC 27626-0530. 

CHAPTER 3 - FACILITY SERVICES 

SUBCHAPTER 3R - CERTBFICATE OF NEED REGULATIONS 

SECTION .3000 - STATE MEDICAL FACILITIES PLAN 

.3001 CERTIFICATE OF NEED REVIEW CATEGORIES 

The agency has established nine categories of facilities and services for certificate of need review and will determine the 
appropriate review category or categories for all applications submitted pursuant to 10 NCAC 3R .0304. For proposals 
which include more than one category, the agency may require the applicant to submit separate applications. If it is not 
practical to submit separate applications, the agency will determine in which category the application will be reviewed. The 
review of an application for a certificate of need will commence in the next review schedule after the application has been 
determined to be complete. The nine categories of facilities and services are: 

(1) Category A. Projxjsals for acute health service facilities, except those proposals included in Categories B through 
H, including but not limited to the following tyjjes of projects: renovation, construction, equipment, and acute care 
services. 

(2) Category B. Proposals for long-term nursing facility and new continuing care facilities applying for exemption 
under 10 NCAC 3R .3050(b)(2). 

(3) Category C. Proposals for new psychiatric facilities; psychiatric beds in existing health care facilities; new 
intermediate care facilities for the mentally retarded (ICF/MR) and ICF/MR beds in existing health care facilities; 
new substance abuse and chemical dependency facilities; substance abuse and chemical dependency beds in existing 
health care facilities. 

(4) Category D. Proposals for new or e xpand e d e nd stag e renal diooaoe troatmont faoilitioo dialvsis stations in response 
to the "county need" or "facility need" methodologies ; and relocations of existing dialysis stations to another 
county. 

(5) Category E. Proposals for new or expanded inpatient rehabilitation facilities and inpatient rehabilitation beds in 
other health care facilities; and new or expanded ambulatory surgical facilities except those proposals included in 
Category H. 

(6) Category F. Proposals for new home health agencies or offices, new hospice home care programs, new hospice 
inpatient beds, and new hospice residential beds. 

(7) Category G. Proposals for converting hospital beds to nursing care under 10 NCAC 3R .3050(b)(1); and for 
d e monotration proj e ote d e signat e d in the SMFP. new dialvsis stations as Ae result of "adjusted need 
determinations" for Dare and Carteret counties. 



10:21 NORTH CAROLINA REGISTER February 1, 1996 2699 



TEMPORARY RULES 



(8) Category H. F*rojX>sals for bone marrow transplantation services, bum intensive care services, neonatal intensive 
care services, open heart surgery services, solid organ transplantation services, air ambulance equipment, cardiac 
angioplofltio angioplasty equipment, cardiac catheterization equipment, heart-lung bypass mnohino, - machines. 
gamma knifo, knives, lithotriptors, magnetic resonance imaging oconnor, scanners, positron emission tomography 
scanners, and major medical equipment as defined in G.S. 131E-176(14f), diagnostic centers as defined in G.S. 
131E-176(7a), and oncology treatment centers as defined in G.S. 131E-176(18a). 

(9) Category I. Propxasals involving cost overruns; expansions of existing continuing care facilities which are licensed 
by the Department of Insurance at the date the application is filed and are applying under exemptions from need 
determinations in 10 NCAC 3R .3030; relocations within the same county of existing health service facilities, beds 
or dialysis stations which do not involve an increase in the number of health service facility beds or stations; 
reallocation of beds or stations; Category A proposals submitted by Academic Medical Center Teaching Hospitals 
designated prior to January 1, 1990; proposals submitted pursuant to 10 NCAC 3R .3050(a)(3) by Academic 
Medical Center Teaching Hospitals designated prior to January 1, 1990; and any other proposal not included in 
Categories A through H. 

History Note: Filed as a Temporary Amendment Eff. January 1, 1995 for a period of 180 days or until the permanent rule 
becomes effective, whichever is sooner; 

Filed as a Temporary Amendment Eff. December 31, 1993 for a period of 180 days or until the permanent 
rule becomes effective, whichever is sooner; 

Filed as a Temporary Amendment Eff. April 2, 1993 for a period of 180 days or until the permanent rule 
becomes effective, whichever is sooner; 

Filed as a Temporary Rule Eff. May 31, 1992 for a period of 153 days to expire on October 31, 1992; 
Authority G.S. 13 IE- 176(25); 131E-177(l);131E-183(b); 
Eff. November 2, 1992; 

Amended Eff. April 1, 1995; April 1, 1994; September 1, 1993, January 4, 1993; 
Temporary Amendment Eff. January 1 , 1996. 

.3010 MULTI-COUNTY GROUPINGS 

(a) Health Service Areas. The agency has assigned the counties of the state to the following health service areas for the 
purpose of scheduling applications for certificates of need: 

HEALTH SERVICE AREAS (HSA) 



I 


n 


m 


IV 


V 


VI 


County 


County 


County 


County 


County 


County 


Alexander 


Alamance 


Cabarrus 


Chatham 


Anson 


Beaufort 


Alleghany 


Caswell 


Gaston 


Durham 


Bladen 


Bertie 


Ashe 


Davidson 


Iredell 


Franklin 


Brunswick 


Camden 


Avery 


Davie 


I incoln 


Granville 


Columbus 


Carteret 


Buncombe 


Forsyth 


Mecklenburg 


Johnston 


Cumberland 


Chowan 


Burke 


Guilford 


Rowan 


Lee 


Harnett 


Craven 


Caldwell 


Randolph 


Stanly 


Orange 


Hoke 


Currituck 


Catawba 


Rockingham 


Union 


Person 


Montgomery 


Dare 


Cherokee 


Stokes 




Vance 


Moore 


Duplin 


Clay 


Surry 




Wake 


New Hanover 


Edgecombe 


Cleveland 


Yadkin 




Warren 


Pender 


Gates 


Graham 








Richmond 


Greene 


Haywood 








Robeson 


Halifax 



2700 



NORTH CAROLINA REGISTER 



February I, 1996 



10:21 



TEMPORARY RULES 



> 



i 



I 


n 


in 


IV 


V 


VI 


County 


County 


County 


County 


County 


County 


Henderson 








Sampson 


Hertford 


Jackson 








Scotland 


Hyde 


McDowell 










Jones 


Macon 










Lenoir 


Madison 










Martin 


Mitchell 










Nash 


Polk 










Northampton 


Rutherford 










Onslow 


Swain 










Pamlico 


Transylvania 










Pasquotank 


Watauga 










Perquimans 


Wilkes 










Pitt 


Yancey 










Tyrrell 

Washington 

Wayne 

Wilson 



(h) Mental Health Planning Areas. The agency has assigned the counties of the state to the following Mental Health 
Planning Areas for purposes of the State Medical Facilities Plan: 



MENTAL HEALTH PLANNING AREAS 



^ 



Area Number 


Constituent Counties 


1 


Jackson, Havwood, Macon, Cherokee, Clay, Graham, Swain 


2 


Buncombe, Madison, Mitchell, Yancey 


3 


Alleghany, Ashe, Ayerv, Watauga, Wilkes 


4 


Transylvania, Henderson 


5 


Caldwell, Burke, Alexander, McDowell 


6 


Rutherford, Polk 


7 


Cleveland 


'- 


Gaston, Lincoln 


9 


Catawba 


10 


Mecklenburg 


ii 


Rowan, Iredell, Davie 



10:21 



NORTH CAROLINA REGISTER 



February 1, 1996 



2701 



TEMPORARY RULES 



Area Number 


Constituent Counties 


^ 


Stanlv. Cabarrus. Union 


13 


Surrv, Yadkin 


14 


Forsyth, Stokes 


15 


Rockingham 


16 


Guilford 


u 


Alamance, Caswell 


18 


Oranee, Person, Chatham 


H 


Durham 


^ 


Vance, Granville, Franklin, Warren 


21 


Davidson 


22 


Moore, Hoke, Richmond, Montsomerv, Anson 


23 


Robeson, Bladen, Scotland, Columbus 


24 


Cumberland 


25 


Lee, Harnett 


26 


Johnston 


27 


Wake 


28 


Randolph 


29 


New Hanover, Brunswick, Pender 


30 


Onslow 


31 


Wayne 


32 


Wilson, Greene 


33 


Edeecombe, Nash 


34 


Halifax 


35 


Craven, Jones, Pamlico, Carteret 


36 


Lenoir 


37 


Ktt 


38 


Hertford, Bertie, Gates, Northampton 


39 


Beaufort, Washington, Tyrrell, Hyde, Martin 


40 


Pasquotank, Chowan, Perquimans, Camden, Dare, Currituck 


4i 


Duplin, Sampson 



i 



i 



(c) Mental Health Planning Regions. The agency has assigned the counties of the state to the following Mental Health 
Planning Regions for purposes of the State Medical Facilities Plan: 



i 



2702 



NORTH CAROLINA REGISTER 



February I, 1996 



10:21 



TEMPORARY RULES 



MENTAL HEALTH PLANNING REGIONS (Area Number and Constituent Counties) 



Western 


(W) 




1 




Jackson, Haywood, Macon. Cherokee, Clav, Graham, Swain 


2 




Buncombe, Madison, Mitchell, Yancey 


. 3 




Alleghany, Ashe, Avery, Watauga, Wilkes 


4 




Transylvania, Henderson 


5 




Caldwell, Burke, Alexander, McDowell 


6 




Rutherford, Polk 


2 




Cleveland 


8 




Gaston, Lincoln 1 


9 




Catawba 


10 




Mecklenburg 


11 




Rowan, Iredell, Davie 


12 




Stanly, Cabarrus, Union 


North Central (NO 


11 




Surry, Yadkin 


14 




Forsyth, Stokes 


15 




Rockingham 


16 




Guilford 


U 




Alamance, Caswell 


18 




Orange, Person, Chatham 


19 




Durham 


20 




Vance, Granville, Franklin, Warren 


South Central 


(SO 


21 




Davidson 


22 




Moore, Hoke, Richmond, Montgomery, Anson 


23 




Robeson, Bladen, Scotland, Columbus 


24 




Cumberland 


25 




Lee, Harnett 


26 




Johnston 


27 




Wake 


28 




Randolph 



10:21 



NORTH CAROLINA REGISTER 



Fehntaiy 1, 1996 



2703 



TEMPORARY RULES 



Eastern (E) 


29 




New Hanover, Brunswick, Pender 


30 




Onslow 


31 




Wavne 


32 




Wilson, Greene 


33 




Edaecombe, Nash 


34 




Halifax 


35 




Craven. Jones, Pamlico, Carteret 


36 




Lenoir 


37 




Pitt 


38 




Hertford, Bertie, Gates, Northampton 


39 




Beaufort, Washington, Tvrrell, Hyde, Martin 


40 




Pasquotank, Chowan, Perquimans, Camden, Dare, Currituck 


41 




Duplin, Sampson 



i 



History Note: Filed as a Temporary Rule Eff. May 31, 1992 for a period of 153 days to expire on October 31, 1992; 
Authority G.S. 13 IE- 176(25); 13 IE- 177(1); 131E-183(1); 
Eff. November 1, 1992; 
Temporary Amendment Eff. January 1 , 1996. 

.3020 CERTIFICATE OF NEED REVIEW SCHEDULE 

The agency has established the following schedule for review of categories and subcategories of facilities and services in 
W9^ 1996. 
(1) Category B. Subcategory Long-Term Nursing Facilities. 



{ 



Count)' 



i\loxandor 

ColdwoU 

Graham 

Traneylvania 

Randolph 

Mooro 

Crav e n 

Camd e n 

Cartorot 



^g A^ 



CON B e ginning 
R e vi e w Date 



I February' 1, 1995 

I April 1, 1995 

I April 1, 1995 

I August 1, 1995 

H August 1, 1995 

V May 1. 1995 

VI Maroh 1, 1995 

VI S e pt e mb e r 1, 1995 

VI September 1. 1995 

VI March 1, 1995 

VI May 1, 1995 

VI D e c e mb e r 1. 1995 



i 



2704 



NORTH CAROLINA REGISTER 



February I, 1996 



10:21 



TEMPORARY RULES 



> 



Clounty 



HSA 



CON Boginning 
R e vi e w Dat e 



Porquimnno 



Vi 



D e o e mb e r 1, 1995 



► 



County 


CON Beainnine 
Review Date 


Alexander 


April 1, 1996 


Henderson 


April 1. 1996 


McDowell 


August 1. 1996 


Rutherford 


March 1, 1996 


Watauga 


March 1. 1996 


Alamance 


August 1, 1996 


Lee 


September 1, 1996 


Wake 


May 1, 1996 


Brunswick 


December 1, 1996 


Cumberland 


December 1, 1996 


New Hanover 


September 1. 1996 


Pender 


May 1, 1996 


Beaufort 


December 1, 1996 


Onslow 


March 1. 1996 


Pitt 


May 1, 1996 



(2) Category C. 
(a) Subcategory Intermediate Care Facilities for Mentally Retarded. 



I 



Counties 



j- jg^^ 



CON B e ginning Re- 
view Date 



Buncombe, Madison, MitchoU, Yoncoy 

Alleghany, Asho, Avory, Watauga, Wilkes 

Caldwell, Burke, Alexand e r, McDow e ll 

Rutherford, Polk 

Forsyth, StokoG 

Guilford 

Davidoon 

Gaston, Lincoln 

Stanly, Cabarrus, Union 

Orange, Poraon, Chatham 



I 

I 

I 

I 

S 

S 

B 

ffi 

ffi 



October 1 



October 1 



October 1 



October 1 



October 1 



October 1 



October 1 



■W9# 



499& 



4995 



4995 



499& 



4995 



499$ 



October 1, 1995 
October 1, 1995 



November 1, 1995 



10:21 



NORTH CAROLINA REGISTER 



February 1, 1996 



2705 



TEMPORARY RULES 



Counti e fl 



]- jg/»^ 



CON Boginning Ro 
vi e v * ' Date 



Robooon, Blad e n, Scotland, Columbuo 

Cumborland 

Now Hanovor, Bmnowick, Pondor 

Edg e oombo, Nooh 

Pitt 

Hortford, Bortio, Gatoo, Northamf> t^ 

Pasquotank, Chowan, Perquimans, Camdon, 
Dare, Currituok 



¥ Nov e mber 1, 1995 

V November 1, 1905 

V November 1, 1995 
Vi Nov e mb e r 1, 1995 
VI Novombor 1, 1995 
VI November 1, 1995 

VI Nov e mber 1, 1995 



Mental Health Plannins Areas (Constituent Counties) 


CON Beginning 








Review Date 


2 


(Buncombe, Madison, Mitchell, Yancev) 


April 1, 1996 


3 


(AUeehanv, Ashe, Averv, Watauga, 


Wilkes) 


December 1, 1996 


5 


(Caldwell, Burke, Alexander, McDowell) 


December 1, 1996 


2i 


(Davidson) 




October 1, 1996 


10 


(Mecklenburg) 




April 1, 1996 


11 


(Stanley, Cabarrus, Union) 




October 1. 1996 


18 


(Oranee, Person, Chatham) 




November 1, 1996 


35 


(Craven, Jones, Pamlico, Carteret) 




July 1, 1996 



(h) Subcategory Detox-Only Beds. 



Mental Health Planning Areas (Constituent Counties) 


CON Beginning 










Review Date 


i 


(Jackson, Haywood, Macon, 


Cherokee, 


Clay, Graham, Swain) 


December 1, 1996 


4 


(Transylvania, Henderson) 






December 1, 1996 


5 


(Caldwell, Burke, Alexander 


McDowell) 


December 1, 1996 


6 


(Rutherford, Polk) 






December 1, 1996 


8 


(Gaston, Lincoln) 






December 1, 1996 


9 


(Catawba) 






December 1, 1996 


ii 


(Rowan, Iredell, Davie) 






December 1, 1996 


13 


(Surrv, Yadkin) 






June 1, 1996 


J4 


(Forsyth, Stokes) 






June 1, 1996 


15 


(Rockingham) 






June 1, 1996 


16 


(Guilford) 






June 1, 1996 



2706 



NORTH CAROLINA REGISTER 



February I, 1996 



10:21 



TEMPORARY RULES 



Mental Health Planning Areas (^Constituent Counties) 


CON Beginning 
Review Date 






11 


(Alamance, Caswell) 


June li 


1996 


18 


fOranae, Person, Chatham) 


June J_i 


1996 


20 


rVance, Granville, Franklin, Warren) 


June Ij 


1996 


21 


(Davidson) 


November 1, 1996 


23 


(Robeson, Bladen, Scotland, Columbus) 


November 1, 1996 


24 


(Cumberland) 


November 1, 1996 


25 


(Lee, Harnett) 


November 1, 1996 


26 


(Johnston) 


November 1, 1996 


27 


(Wake) 


November 1. 1996 


28 


(Randolph) 


November 1. 1996 


11 


(Wayne) 


May li 


1996 


32 


(Wilson, Greene) 


MavL 


1996 


33 


(Edsecombe, Nash) 


May h 


1996 


34 


(Halifax) 


May li 


1996 


35 


(Craven, Jones, Pamlico, Carteret) 


May ij. 


1996 


36 


(Lenoir) 


May li 


1996 


38 


(Hertford, Bertie, Gates, Northampton) 


May l_i 


1996 


39 


(Beaufort, Washington, Tyrrell, Hyde, Martin) 


May li 


1996 


40 


(Pasquotank, Chowan, Perquimans, Camden, Dare, Currituck) 


May ii 


1996 


41 


(Duplin, Sampson) 


Mav 1, 


1996 1 



(3) Category D. Subcategory End Stage Renal Disease Dialysis Stations. Dialysis station review in response to the 
"county need" or "facility need" methodologies shall be conducted under the provisions of 10 NCAC 3R .3032. 
(4) Category E. — Suboat e gor>' Ambulatory Surgiool Faoilitieo 



County 



|-Jg A^ 



CON Bogirming Ro 
view Date 



Cl e v e land 



April 1, 1995 



(5) £4} Category F. Subcategory Home Health Agencies or Offices. 



Count)' 



]qg A^ 



CON B e ginning R e 
view Dat e 



Watauga 

Forsyth 

Stokeo 



J October 1, 1995 

H Juno 1, 1995 

B Octob e r 1. 1995 



10:21 



NORTH CAROLINA REGISTER 



February 1, 1996 



2707 



TEMPORARY RULES 



(6) 



Count)' 



p jg,<^ 



CON Boginniag Ro 
vi e w Date 



Omnge 

Bortio 
Onolow 



IV Nov e mb e r 1, 1995 

W- July 1. 1995 

VI July 1, 1995 

VI Novombor 1, 1995 



i 



HSA 


CON Beeinning 




Review Date 


I 


October 1, 1996 


n 


March 1. 1996 


ffl 


June 1. 1996 


lY 


November 1, 1996 


V 


March 1, 1996 


YI 


July 1, 1996 



(5) Category G. Subcategory New Dialysis Stations as a result of "Adjusted Need Determinations. 



County 


CON Beeinnine 
Review Date 


Carteret 
Dare 


March 1, 1996 
March 1, 1996 



i 



AppUcations for certificates of need will be reviewed pursuant to the following review schedule, unless another 
schedule has been specified in Items (1) through (5) of this Rule or it has been determined in 10 NCAC 3R .3030 
that there is no need for the health service or facility proposed by the applicant. 



CON Beginning 


HSA 




HSA 


Review Date 


I, n, m 




IV, V, VI 


January 1 


- 




- 


February 1 


A, B, G, I 12 




6~ 


March 1 


— A^B^EiG^I 


A 


B, firJLG^I 


April 1 


B, StH, I 




- 


May 1 


- 




B, C, H, I 


June 1 


A, C, D, I, F 




D 


July 1 


- 




A, F, I 


August 1 


B, E, I 




- 


September 1 


" 




B, E, I 


October 1 


A, Gt F, I 




- 



i 



2708 



NORTH CAROLINA REGISTER 



February I, 1996 



10:21 



TEMPORARY RULES 



CON Beginning 
Review Date 



HSA 

I, u, ni 



HSA 
IV, V, VI 



November 1 
December 1 



C^ D, H, I 



A, C, F, I 

B, D, H, I 



History Note: Filed as a Temporary Amendment Eff. January 1, 1995 for a period of 180 days or until the permanent rule 
becomes effective, whichever is sooner; 

Filed as a Temporary Amendment Eff. June 7, 1994 for a period of 180 days or until the permanent rule 
becomes effective, whichever is sooner; 

Filed as a Temporary Amendment Eff. December 31, 1993 for a period of 180 days or until the permanent 
rule becomes effective, whichever is sooner; 

Filed as a Temporary Amendment Eff. April 2, 1993 for a period of 180 days or until the permanent rule 
becomes effective, whichever is sooner; 

Filed as a Temporary Amendment Eff. July 23, 1992 for a period of 180 days or upon the effective date 
of the permanent rule, whichever is sooner; 

Filed as a Temporary Rule Eff. May 31, 1992 for a period of 153 days to expire on October 31, 1992; 
Authority G.S. 13 IE- 176(25); 13 IE- 177(1); 13 IE- 183(b); 
Eff. November 2, 1992; 

Amended Eff. April 1, 1995; Oaober 1, 1994; April 1, 1994; September 1, 1993; 
Temporary Amendment Eff. January 1, 1996. 

.3030 FACILITY AND SERVICE NEED DETERMINATIONS 

Facility and service need determinations are shown in Items (1) - (8) of this Rule. TTie need determinations shall be revised 
continuously throughout 4995 1996 pursuant to 10 NCAC 3R .3040. 

(1) Category A. Acute Health Service Facilities. It is determined that there is no need for additional acute care beds 
and no reviews are scheduled. 

(2) Category B. Long-Term Nursing FacUity Beds, (a) It is determined that the counties listed below need additional 
Long-Term Nursing FacUity Beds as specified. There is no need for additional Long-Term Nursing Facility Beds 
in other counties and no other reviews are scheduled. 







Number of Nursing 


/-I ^^ 


HSA 


Bods Noodod 




Alexander 


I 


20 


Caldwell 


I 


60 


Tranoylvania 


I 


m 




B 


7Q 




Mooro 


V 


TO 


Craven 


Vi 


§Q 


Camden 


VI 


40 


Carteret 


V? 


50 



County 


Number of Nursing 
Beds Needed 


Alexander 


30 


Henderson 


90 


McDowell 


30 



10:21 



NORTH CAROLINA REGISTER 



February 1, 1996 



2709 



TEMPORARY RULES 



County 


Number of Nursing 




Beds Needed 


Rutherford 


40 


Watauga 


20 


Alamance 


90 


Lee 


30 


Wake 


120 


Brunswick 


60 


Cumberland 


90 


New Hanover 


90 


Pender 


30 


Beaufort 


30 


Onslow 


40 


Pitt 


60 



(fe) It is prosumod that opomtion of a now long torm nurQing faoilit)' with a capacit)' of only 10 bods (oo contrasted 

with on addition to an oxisting fQoilit)^ or convorsion of hospital or homo for tho agod bodo) is not financially 

f e asibl e und e r uoual oiroumstono e s. Camd e n Count)' laokii suoh faoiliti e o for expansion or oonvoroion. 

NovertboloDO, tho nood dotormination ohov i Ti in this Plan provides on opportunity for dovolopm e nt of thio oapaoit)' 
within Camden County if special moaauros for assuring financial foosibility (suoh aa philanthropic, roligious. 
fraternal or public body financial oasistanco) con bo demonstrated. — Applications to dovolop Camdon Count)''3 
nood determination in a oontiguouo count)' shall also b e oonoid e r e d. — i\ny ouch applioation shall confirm -that 
admission priority' ohall bo given to pati e nts from Camd e n Count)', up to the numb e r of b e ds in tho nood 
dotormination. and conditions attached to the award of any resulting ccrtifioato of nood shall stipulate how this 
admission proforonco is to bo assurod. — It is tho intont of this provision that considoratioD of any proposed 
altemativo site phall giv e du e regard to th e oonv e ni e no e of its us e by citiz e ns of Camd e n Count)', as applioable. 
Conv e ni e nc e inoludoo the extent to which vicitfi to pati e nts are lik e ly to b e facilitat e d by usual patt e rns of oitizon 
travel aasociatod with obtaining goods and sorvicos and omploymont. — Any count)' 's bod surplus or deficit is 
deemed irrelevant to its soloction as an altemativo location for tho trtmsfor of this capacity. 
(3) Categor)' C. 

(a) Psychiatric Facility Beds. It is determined that there is no need for additional psychiatric beds and no reviews 
are scheduled. 

(b) Intermediate Care Facilities Facility Beds for the Mentally Retarded Bods . It is determined that the countioa 
mental health planning areas listed b e lov i ' in the follov.ing table need additional Intermediate Care Facility beds 
for die Mentally Retarded ("ICF/MR beds"). flCF/MR) b e ds as sp e cifi e d. The table identifies the number of 
new child and adult ICF/MR beds needed by each of the listed planning areas. These new ICF/MR beds shall 
only be used to convert existing five-bed ICF/MR beds into six-bed facilities. There is no need for new ICF/MR 
facilities or for ICF/MR facilities with more than six beds in these planning areas. There is no need for any 
additional ICF/MR Beds in any other counti e s mental health planning areas and no other reviews are sch e dul e d 
scheduled, except as provided in Rule 10 NCAC 3R .3040(a)(8) . 



Counties 



}-Jg ,^^ 



D e t e rmination 



Buncombe, Madison, Mitchell. Yancey 



Child Adttk 

-6 ^■ 



2710 



NORTH CAROLINA REGISTER 



February 1, 1996 



10:21 



TEMPORARY RULES 



CountioB 



pjg <^ 



Alloghany, Aaho, Avory, Watauga, 
— Wilkog 



Caldwell, Burk e , Al e xander, MoDow e ll 

Rutherford, Polk 

Forsyth, Stokoo 

Guilford 

Davidoon 

Gooton, Lmooln 

Stanly, Cabarrus, Union 

Orange, Person, Chatham 



Robeoon. Bladen, Scotland, Columbus 
Cumb e rland 



Now Hanover, Brunswick, Ponder 

Edgocombo, Nash 

Pitt 

Hertford, B e rti e , Gat e s, Northampt ea 

Paoquotank, Chowan, Perquimans, 
Camden, Dare, Currituck 



I 
I 
B 
B 
B 
ffl 

¥ 
V 
V 
¥1 
¥1 
¥1 

¥? 



Determination 


Gmd 


Aduk 





4- 


6 


6 


6 





6 


6 





8 


43 


2 





-^ 





7 


-Q 


^ 





6 





8 


6 





e 


6 


-0 


-6 


Q 


6 



Mental Health Planning Area (Constituent Counties) 


Need Determination 








Child 


Adult 


2 


(Buncombe, Madison, Mitchell, Yancev) 


i 


1 


3 


(Allephanv. Ashe, Averv, Watauga, 


Wilkes) 


Q 


1 


5 


(Caldwell, Burke, Alexander, McDowell) 


1 





21 


(Davidson) 




Q 


1 


10 


(Mecklenburg) 




1 





12 


(Stanlv, Cabarrus, Union) 




1 


2 


18 


(Orange, Person, Chatham) 







1 


k 


(Craven, Jones, Pamlico, Carteret) 




2 






(c) Chemical Dependency Treatment Beds. 

(i) It is determined that there is no need for any additional chemical dependency treatment beds and no reviews 
arc scheduled other than detox-only beds for adults. The following table lists the mental health planning areas 
that need detox-only beds for adults and identifies the number of such beds needed in each planning area. 
There is no need for additional detox-only beds for adults in any other mental health planning areas. No other 
reviews for chemical dependency treatment beds are scheduled. 



10:21 



NORTH CAROLINA REGISTER 



February 1, 1996 



2711 



TEMPORARY RULES 



Mental Health Planning Areas 
(^Constituent Counties) 


Mental Health 
Planning Regions 


Number of 
Detox-Only 
Beds Needed 


1 (Jackson, Haywood, Macon, Cherokee, Clay, Graham, Swain) 


w 


10 


4 (Transylvania, Henderson) 


w 


10 


5 (Caldwell, Burke, Alexander, McDowell) 


w 


1 


6 (Rutherford, Polk) 


w 


10 


8 (Gaston, Lincobi) 


w 


20 


9 (Catawba) 


w 


8 


11 (Rowan, Iredell, Davie) 


w 


10 


13 (Surry, Yadkin) 


NC 


2 


14 (Forsyth, Stokes) 


NC 


10 


15 (Rockineham) 


NC 


10 


16 (Guilford) 


NC 


10 


17 (Alamance, Caswell) 


NC 


6 


18 (Orange, Person, Chatham) 


NC 


2 


20 (Vance, Granville, Franklin, Warren) 


NC 


10 

— 


21 (Davidson) 


sc 


10 


23 (Robeson, Bladen, Scotland, Columbus) 


sc 


5 


24 (Cumberland) 


sc 


10 


25 (Lee, Harnett) 


sc 


10 


26 (Johnston) 


sc 


7 


27 (Wake) 


sc 


10 


28 (Randolph) 


sc 


4 


31 (Wayne) 


E 


10 


32 (Wilson, Greene) 


E 


10 


33 (Edgecombe, Nash) 


E 


6 


34 (Halifax) 


E 


10 


35 (Craven, Jones, Pamlico, Carteret) 


E 


10 


36 (Lenoir) 


E 


10 


38 (Hertford, Bertie, Gates, Northampton) 


E 


4 


39 (Beaufort, Washington, Tyrrell, Hyde, Martin) 


E 


5 


40 (Pasquotank, Chowan, Perquimans, Camden, Dare, Currituck) 


E 


10 


41 (Duplin, Sampson) 


E 


10 



2712 



NORTH CAROLINA REGISTER 



February 1, 1996 



10:21 



TEMPORARY RULES 



^ 



> 



t 



(ii) "Detox-only beds for adults" are chemical dependency treatment beds that are occupied exclusively by persons 
who are eighteen years of age or older who are experiencing physiological withdrawal from the effects of 
alcohol or other drugs. 

(iii) The county or counties which comprise each mental health planning area are listed in 10 NCAC 3R .3010(1?). 

(iy) Detox-only beds for adults may be developed outside of the mental health planning area in which they are 
needed if: 

(A) The beds are developed in a contiguous mental health planning area that is within the same mental health 
planning region, as defined by 10 NCAC 3R .3010(c); and 

(B) The program board in the planning area in which the beds are needed and the program board in the 
planning area in which the beds are to be developed each adopt a resolution su pporting the development 
of the beds in the contiguous planning area. 

(4) Categoiy D. End Stage Ronol Kidney Disease Treatment Facilitie s Centers and Dialysis Stations Need fo r end 
otago r e nal dialyoio faoilitioo or otationo stations, except as otherwise provided in Item (7) of this Rule, is 
determined ao ia provid e d in by 10 NCAC 3R .3032. 

(5) Category E. 

(a) Inpatient Rehabilitation Facility Beds. 

£i} Except as provided in Sub-item (5)(a)(ii) of this Rule, k it is determined that there is no need for any additional 

inpatient rehabilitation facility beds and no reviews are scheduled. 
(ii) It is determined that there is a need for a demonstration project consisting of one inpatient rehabilitation unit 
containing no more than 10 inpatient rehabilitation facility beds in Wilson County. The purpose of the project 
shall be to demonstrate whether such a unit is viable in terms of cost, utilization, and good medical practice: 
whether such a unit increases the utilization of inpatient rehabilitation services by patients who could benefit 
from such services: and whether such a unit improves patient outcomes. An appUcation for a certificate of need 
for the demonstration project shall: 

(A) Conform to the requirements of the rules in 10 NCAC 3R .2800. with the exception of 10 NCAC 3R 
.2803(b): 

(B) Demonstrate that the project's rehabilitation services beds shall be developed solely by the conversion of 
existing licensed health service facility beds: 

(C) Demonstrate that the project's rehabilitation services beds shall be licensed, certified, and placed into 
operation w ithin 12 months after the certificate of need is issued: 

(D) Contain the a pplicant's commitment to submit to the Certificate of Need Section three annual reports on 
the op>e ration of the demonstration project. The annual rep>ort shall be postmarked on or before the thirtieth 
day following the anniversary of the Ucensing of the demonstration project and shall contain the following 
information: 

(I) The demonstration project's average per diem patient charges for the past year: 
m) The demonstration project's average per discharge patient charges for the past year: 
(in) An accounting of the operational costs and patient revenues of the demonstration project for the past 

year: 
(IV) The total number of patients served by the demonstration project during the past year: 
(V) A list of the demonstration project's patient payor sources for the past year: 
(VI) A description of the demonstration project's patient origin by county for the past year; and 
(VH) An assessment of patient outcomes in the demonstration project during the past year. 
The target average annual occupancy rate for the demonstration project is the average of the average annual 
occupancy rates reported by or for aH existing inpatient rehabilitation facilities or units in their 1996 license 
renewal applications. TTie demonstration project shall meet or exceed this target average annual occupancy rate 
during at least one period of J2 consecutive calendar months within five years after the demonstration project is 
licensed. If it does not, the demonstration project shall be terminated automatically and the beds shall revert to 
their prior health service facility bed category. Additionally, the rehabilitation facility beds shall automatically 
revert to their prior health service faciUty bed category if the a pplicant voluntarily terminates the demonstration 
project. 

(b) Ambulatory Surgery Operating Rooms. It is determined that thoro i9 ncx>d for two additional ambulatory surgory 
operating rooms in Clovoland Count)'. There there is no need for additional ambulatory surgery operating rooms 
in oth e r oounti e o and no oth e r reviews are scheduled, except that a Rural Primary Care Hospital designated by 
the N.C. Office of Rural Health Services pursuant to Section 1820(f) of the Social Security Act may apply for 
a certificate of need to convert existing operating rooms for use as a freestanding ambulatory surgical facility. 

(6) Category F. 



10:21 NORTH CAROLINA REGISTER February 1, 1996 2713 



TEMPORARY RULES 



(a) New Home Health Agencies or Offices. It is determined that the oountioB Health Service Areas identified in 10 
NCAC 3R .3010 and Usted below need additional Home Health Agencies or Offices as specified. Th e re io no 
nood for additional Hom e H e alth Agenoieo or Offio e o in oth e r oounti e a and no oth e r r e viowo ore oohodulod. 



Ck)unt)' 


HSA 


Number of Agoncioo 
or OffiooD Noodod 


Watauga 


I 




4- 


Forsyth 


S 




4- 


Stokes 


S 




4- 


Orange 


tv 




i 


Wake 


w 




^ 


Bortio 


V} 




i 


Onslow 


VI 




4- 



i 



HSA 


Number 


of Agencies 




21 


Offi 


;es Needed 


I 






1 


n 






1 


in 






1 


lY 






1 


V 






1 


YI 






1 



i 



(b) New Hospice Home Care Programs. It is determined that there is no need for additional Hospice Home Care 
Programs and no reviews are scheduled. 

(c) New Hospice Inpatient Beds. 

(i) Single Counties. Single counties with a projected deficit of six or more beds are allocated beds based on the 
projected deficit. It has boon dotormined that Forsyth County has a nood for fourteen Hospico Inpatient Bods. 
There It is determined that there is no need for additional single county Hospice Inpatient Bed facilities and no 
other reviews are scheduled. 

(ii) Contiguous Counties. It hao boon is determined that any combination of two or more contiguous counties taken 
from the following list shall have a need for new hospice inpatient beds if the combined bed deficit for the 
grouping of contiguous counties totals six or more beds. Each county in a grouping of contiguous counties must 
have a deficit of at least one and no more than five beds. The need for the grouping of contiguous counties 
shall be the sum of the deficits in the individual counties. For purposes of this Rule, "contiguous counties" 
shall mean a grouping of North Carolina counties which includes the county in which the new hospice inpatient 
facility is proposed to be located and any one or more of the North Carolina counties which have a common 
border with that county, even if the borders only touch at one pwtnt. No county may be included in a grouping 
of contiguous counties unless it is listed in the following table: 



County 



|-Jg A^ 



Hospice Inpatient 
B e d D e ficit 



Al e xand e r 
Avory 



4- 
4- 
4- 



i 



2714 



NORTH CAROLINA REGISTER 



February 1, 1996 



10:21 



TEMPORARY RULES 



County 



j jg<i^ 



Hospioo Inpatient 
B e d D e fioit 



Rutherford 

Tronoylvunia 

Willcea 

Alomono e- 

Davidoon 

Rockingham 

Stokos 

Cabarruo 

Gaston 

Irodell 

Linoohi 

Rowan 

Stanly 

Union 

Chatham 

Durham 

Johnston 

Weke 

Blad e n 

Brunowiok 

Columbus 

Cumberland 

Moor e 

P e nd e r 

Richmon d 

Robe s on 

Scotland 

Craven 
Duplin 
Edg e comb e 
H e rtford 



I 
I 
I 

S 
8 
fi 
B 
ffi 
IB 
IB 
ffi 
ffl 
ffl 
ffi 
I¥ 
W- 

IV 
V 
V 

V 

¥ 
V 
V 
V 
VI 
VI 
VI 
VI 
VI 
VI 



2 

4- 
4 
3 
3 

4- 
2 

i 

+ 
4- 
3 
4- 
4- 
4- 
3 
4- 
& 
i 
4- 
3 

4: 

4- 
4- 

4: 

4- 
4- 
4 
4- 
3 
4- 
4- 

4: 



10:21 



NORTH CAROLINA REGISTER 



February 1, 1996 



2715 



TEMPORARY RULES 





USA 




,- I .: — * 


Bed Dofioit 




Northampton 


VI 




4- 


Onslow 


VI 




4- 


«« 


Vi 




4- 


Wiloon 


VI 




4- 



County 


Hospice Inpatient 
Bed Deficit 


Alexander 


1 
1 
1 

1 
1 
3 

1 
1 
4 
2 
3 
2 
4 
2 
4 
1 
1 
1 
1 
2 

1 

1 
1 
4 

i 

1 
3 


Ashe 
Haywood 


Mitchell 


Polk 
Rutherford 


Transylvania 


Watauga 


Alamance 


Davidson 
Rockingham 


Stokes 


Surry 


Cabarrus 


Gaston 
Iredell 
Lincoln 


Rowan 


Stanly 


Union 


Chatham 


Durham 


Johnston 


Lee 

Wake 


Bladen 


Brunswick 


Columbus 



2716 



NORTH CAROLINA REGISTER 



February 1, 1996 



10:21 



TEMPORARY RULES 



> 



> 



County 


Hospice Inpatient 
Bed Deficit 


Harnett 




1 
2 

1 

: 

1 
1 

1 

2 

1 
1 
1 
1 

1 
1 
1 


Moore 


Pender 


Richmond 


Robeson 


Scotland 


Bertie 


Craven 


Duplin 


Edgecombe 


Hertford 


Nash 
Northampton 


Onslow 


Pitt 

Wilson 



(7) Category G. P s ychiatric/Substonco Abuse Domonatration Project. Kidney Disease Treatment Facilities and 
EHalysis Stations. It is determined that Carteret and Dare Counties have a need for additional dialysis stations that 
is not revealed b^ tlie standard need methodology in 10 NCAC 3R .3032 because of conditions unique to these two 
counties. The dialysis station need in Carteret and Dare Counties is shown in the following table: 



County 


Number of New 




Dialysis Stations Needed 


Carteret 


6 


Dare 


4 



^ 



(a) It io dotormined that no mor e than fifty b e ds, in a fre e otonding facility, oro nood e d for a demonstration of tho 

offcwtivonooo and ooonomy of th e treatm e nt, in th e some facility and therapwutio milieu, of poroono with addiotiono 
and persons with psychiatric disorders such as ore ovidoncod by compulflivo behaviors. 

^ Such a domonstration shall incorporate tho concept of closed groups; that is, "classes" of patients entering and 

l e aving tr e atm e nt concurr e ntly, so as to facilitate tho recov e r)' Lnduoing aop e oto of th e int e raction of m e mb e rs of 
th e rapeutic groups. — Tho treatm e nt propos e d to b e offered in th e d e monstration also shall integrat e a oognitively 
based therapeutic program with a 12 step recovery model, a treatment modaUty based on the method of treatment 
of AJcohoUcs Anonymous which uses twelve fundamental principloa as guides to tho process of personal change 
that is r e quir e d to achi e v e sobri e ty. 

(e) P e rsons proposing to moot this need must provid e , in th e ir applicationo for a c e rtificat e of n e ed, e vidence of th e ir 

experience, ability and oommitmont not only to provide services as doscribod abovo, but to demonstrate tho 

applicability of these and other innovations to tho broader therapeutic community. — Such evidence shall include: 

(i) — A writt e n agr ee m e nt with a univ e rsity affiliat e d prof e ssional to d e sign and ov e rs ee p e riodic or continuing 

d e t e rminations of th e effeotivoneso of treatm e nt provid e d in th e d e monstration, and th e publication of th e 

results. 



10:21 



NORTH CAROLINA REGISTER 



February 1, 1996 



2717 



TEMPORARY RULES 



(«) — A written agroomont with a univorsit>' affiliated profossional from an acadomic mcidical oontor that ootnblishog 
the ' ■ villingneoo and intent of ouoh prof e ssional to e ngag e in a olinioal r e lationship with th e d e monstration 
faoilits'. 
fjtt) — A writton Btatomont that at loast ton percent of the pwtionts of the demonstration faoilit)' will bo indigent porsons. 

who will bo provided free care, 
(iv) A commitment to provid e to the C e rtifioat e of Need S e ction annml r e ports of th e averag e p e r di e m and per 
diGohorge pati e nt charges, th e total numb e r of pati e nts s e rv e d, and th e numb e r of froo oar e patients. — Such 
reports will bo duo thirty days fuUowing the first, second and third annivoraar)' datos of tho licensuro of tho 
facilit)'. 

(4) TTie number of b e ds for whioh a c e rtificat e of nood is grant e d will not b e count e d in th e Stat e M e dical Faoilit)' 

Plan's inv e ntory of po>'ohiatrio or substono e abus e b e ds in th e m e ntal health ar e a or r e gion in which the faoilit)' 
is to bo located, or in any other area or region of the state. 

(e-) Pursuant to tho provisions of 10 NCAC 1 4 K. 0216. tho Director of tho Division of Facility Sorv^icos shall waivo 

any licensur e rule 'Ahioh r e quir e s that substance abuse and psychiatric pati e nts bo treated — in separate 
aooommodations, and from all oth e r rul e s which ar e inconsist e nt with th e uniqu e oharactor of th e d e monstration 
facilit)'. if tho applicant for. or holder of. a ocrtificato of nood issued pursuant to this rulo domonotratos that tho 
waivor will not affect tho health, safety, or welfare of tho patients. 
(8) Category H. 
(a) Open heart surger>' services. It is determined that there is no need for additional open heart surgery services and 
no reviews are scheduled; except that a health serN'ice facility that currently provides these services may apply 
for a certificate of need to expand its existing services to meet specific needs if utilization of the health service 
facility's existing open heart surgery services exceeds 80% of capacity. 
(h) Heart-Lung Bypass Machines. It is determined that there is no need for additional heart-lung bypass machines 
and no reviews are scheduled; except that a health service facility that currently provides open heart surgery 
services may apply for a certificate of need to acquire additional heart-lung bypass machinery if the existing 
heart-lung machinery used by the health service facility is utilized at or above 80% of capacity. 

(c) Cardiac Angioplasty Equipment. It is determined that there is no need for additional cardiac angioplasty 
equipment and no reviews are scheduled; except that a health service facility that currently provides cardiac 
angioplasty services may apply for a certificate of need to acquire additional cardiac angioplasty equipment if 
utilization of cardiac angioplasty equipment used by the health service facility exceeds 80% of capacity. 

(d) Cardiac Catheterization Equipment. It is determined that there is no need for additional fixed or mobile cardiac 
catheterization equipment and no reviews are scheduled; except that a health service facility that currently 
provides cardiac catheterization services may apply for a certificate of need to acquire additional cardiac 
catheterization equipment if utilization of cardiac catheterization equipment used by the health service facility 
exceeds 80% of capacity. Mobile cardiac catheterization equipment and services shall only be approved for 
development on hospital sites. 

(e) Solid organ transplant services shall be developed and offered only by academic medical center teaching hospitals 
as designated in 10 NCAC 3R .3050(a)(3) It is determined that there is no need for new solid organ transplant 
services and no reviews are scheduled. 

(f) Bone Marrow Transplantation Services. It is determined that allogeneic bone marrow transplantation services 
shall be developed and offered only by academic medical center teaching hospitals as designated in 10 NCAC 
3R .3050(a)(3). It is determined that there is no need for additional allogeneic or autologous bone marrow 
transplantation services and no reviews are scheduled. 

(g) Gamma Knife Equipment. Knives. It is determined that there is no need for gamma kjiifo equipment knives and 
no reviews are scheduled. 

(h) Positron Emission Tomography Scann e r. Scanners. It is determined that there is no need for additional positron 
emission tomography scanners for purposes other than research and no reviews are scheduled. 

History Note: Filed as a Temporary Amendment Eff. January 1, 1995 for a period of 180 days or until the permanent rule 
becomes effective, whichever is sooner; 

Filed as a Temporary Amendment Eff. July 1, 1994 for a period of 180 days or until the permanent rule 
becomes effective, whiche\'er is sooner; 

Filed as a Temporary Amendment Eff. June 7, 1994 for a period of 180 days or until the permanent rule 
becomes effective, whichexer is sooner; 

Filed as a Temporary Amendment Eff. December 31, 1993 for a period of 180 days or until the permanent 
rule becomes effective, whichever is sooner; 
Filed as a Temporary Amendment Eff. July 23, 1992 for a period of 180 days or until the permanent rule 



2718 NORTH CAROLINA REGISTER February 1, 1996 10:21 



TEMPORARY RULES 



) 



> 



t 



becomes effective, whichever is sooner; 

Filed as a Temporary Rule Eff. May 31, 1992 for a period of 153 days to expire on October 31, 1992; 

Authority G.S. 131 £-176(25); 131E-177(1); 131E-183(b); 

Eff. November 2, 1992; 

Amended Eff. April 1, 1995; October 1, 1994; April 1, 1994; January 4, 1993; 

Temporary Amendment Eff. January 1, 1996. 

.3032 DIALYSIS STATION NEED DETERMINATION 

(a) The Medical Facilities Planning Section (MFPS) shall determine need for new dialysis stations and facilitioa two times 
each calendar year, and shall make a report of such determinations available to all who request it. This report shall be called 
the North Carolina Semiannual Dialysis Report (SDR). Data to be used for such determinations, and their sources, are as 
follows: 

(1) Numbers of dialysis patients, by type, county and facility, from the Southeastern Kidney Council, Inc. (SEKC) 
and the Mid- Atlantic Renal Coalition, Inc. as of December 31, 1995 for the March SDR and as of June 30, 1996 
for the September SDR. 

(2) Certificate of need decisions, decisions appealed, appeals settled, and awards, from the Certificate of Need 
Section, DFS. 

(3) Facilities certified for participation in Medicare, from the Certification Section, DFS. 

(4) Need determinations for which certificate of need decisions have not been made, from MFPS records. 
Need determinations in this report shall be an integral part of the State Medical Facilities Plan, as provided in G.S. 131E-183. 

(b) Need for new dialysis stations and faoilitioo shall be determined as follows; 

(1) County Need 

(A) The average annual rate (%) of change in total number of dialysis patients resident in each county from the end 
of 4990 1991 to the end of 4994 1995 is multiplied by the county's 4994 1995 year end total number of patients 
in the SDR, and the product is added to each county's most recent total number of patients reported in the SDR. 
The sum is the county's projected total 1995 1996 patients. 

(B) The percent of each county's total patients who were home dialysis patients at the end of 4994 1995 is 
multiplied by the county's projected total 1995 1996 patients, and the product is subtracted from the county's 
projected total 1995 1996 patients. The remainder is the county's projected 1995 1996 in-center dialysis 
patients. 

(C) The projected number of each county's 1995 1996 in-center patients is divided by 3.2. The quotient is the 
projection of the county's 1995 1996 in-center dialysis stations. 

(D) From each county's projected number of 1995 1996 in-center stations is subtracted the county's number of 
stations certified for Medicare, CON-approved and awaiting certification, awaiting resolution of CON appeals, 
and the number represented by need determinations in previous State Medical Facilities Plans or Semiannual 
Dialysis Reports for which CON decisions have not been made. The remainder is the county's 1995 1996 
station need projection. 

(E) If a county's 1995 1996 station need projection is ten or greater and the SDR shows that utilization of each 
dialysis facility in the county is 80% or greater, the 1995 1996 county station need determination is the same 
as the 1995 19% station need projection. If a county's 1995 1996 station need projection is less than teny or 
the utilization of any dialysis facility in the county is less than 80%. the county's 1995 1996 station need 
determination is zero. 

(2) Facility Need 

A dialysis facility located in a county whoso unmet nood for which the result of the County Need methodology 
is zero in the reference Semiannual Dialysis Report (SDR) is loss than ton stations is determined to need 
additional stations to the extent that: 

(A) Its utilization, reported in the SDR, is greater than 3.2 patients per station. 

(B) Such need, calculated as follows, is reported in an application for a certificate of need: 

(i) The facility's number of in-center homodialyais dialysis patients reported in the previous SDR (SDR,) is 
subtracted from the number of in-center h e modialysis dialysis patients reported in the current SDR (SDRj). 
The difference is multipUed by 2 to project the net in-center change for 1 year. Divide the projected net 
in-center change for the year by the number of in-center patients from SDR, to determine the projected 
annual growth rate. 

(ii) The quotient from Subpart (b)(2)(B)(i) of this Rule is divided by 12. 

(iii) The quotient from Subpart (b)(2)(B)(ii) of this Rule is multiplied by the number of months from the most 
recent month reported in the current SDR until the end of calendar 1995. 1996. 

(iv) The product from Subpart (b)(2)(B)(iii) of this Rule is multiplied by the number of the facility's in-center 



10:21 NORTH CAROLINA REGISTER February 1, 1996 2719 



TEMPORARY RULES 



patients reported in the current SDR and that product is added to such reported number of in-center 
patients, 
(v) The sum from Subpart (b)(2)(B)(iv) of this Rule is divided by 3.2, and from the quotient is subtracted the 
facility's current number of certified and jjending stations as recorded in the current SDR. The remainder 
is the number of stations needed. 
(C) The facility may apply to expand to meet the need established in Subpart (b)(2)(B)(v) of this Rule, up to a 
maximum of ten stations. 
(c) The schedule for publication of the North Carolina Semiannual Dialysis Report (SDR) and for receipt of certificate 
of need applications based on each issue of this report in 1995 1996 shall be as follows: 



Dat e for 
Period Ending 



R e c e ipt of 
SEKC Report 



Publication 
of SDR 



R e ceipt of CON Ap 
plications 



Beginning 
Review Datoa 



Doc. 31, 1991 
Jun e 30, 1995 



Fob. 2 8 , 1995 
Aug. 31. 1995 



March 20. 1995 
Sept. 20. 1995 



May 16, 1995 
Nov. 15, 1995 



Juno 1, 1995 
D e o. 1, 1995 



Date for 
Period Ending 


Receipt of 
SEKC Report 


Publication 
of SDR 


Receipt of CON Ap- 
plications 


Beginning 
Review Dates 


Dec. 31. 1995 
June 30, 1996 


Feb. 28. 1996 
Aug. 31. 1996 


March 20. 1996 
Sept. 20, 1996 


May 16, 1996 
Nov. 15, 1996 


June 1, 1996 
Dec. 1, 1996 



(d) An application for a certificate of need pursuant to this Rule shall be accepted only if it demonstrates a need by 
utilizing one of the methods of determining need outlined in this Rule. 

(e) An appUcation for a new End Stage Renal Disease faoility facility, other than a pplications for dialysis stations to be 
developed in Dare and Carteret Counties pursuant to JO NCAC 3R .3030(7). shall not be approved unless it documents the 
need for at least 10 stations based on utilization of 3.2 patients per station per week. 

(0 Home patients will not be included in determination of need for new stations. 

History Note: Filed as a Temporary Amendment Eff. January 1 , 1995 for a period of 180 days or until the permanent rule 
becomes effective, whichever is sooner; 

Filed as a Temporary Amendment Eff. December 31, 1993 for a period of 180 days or until the permanent 
rule becomes effective, whichever is sooner; 
Authority G.S. 131E-176(25); 131E-177(1); 13 IE- 183(b); 
Eff. January 4, 1993; 

Amended Eff. April 1, 1995; April 1, 1994; 
Temporary Amendment Eff. January 1 , 1996. 

.3040 REALLOCATIONS AND ADJUSTMENTS 

(a) REALLOCATIONS. 

(1) Reallocations shall be made only to the extent that 10 NCAC 3R .3030 determines that a need exists after the 
inventory is revised and the need determination is recalculated. 

(2) Beds or services which are reallocated once in accordance with this Rule shall not be reallocated again. Rather, 
the Medical Facilities Planning Section shall make any necessary changes in the next published amendment to 
10 NCAC 3R .3030. 

(3) Dialysis stations that are withdrawn, relinquished, not applied for or decertified shall not be reallocated. Instead, 
any necessary redetermination of need shall be made in the next scheduled publication of the Semiannual Dialysis 
Report. 

(^ (4) App)eals of Certificate of Need Decisions on Applications. Need determinations of beds or services for which 
the CON Section decision has been appealed shall not be reallocated until the appeal is resolved. 

(A) Appeals Resolved Prior to September 17: If an appeal is resolved in the calendar year prior to September 17, 
the beds or services shall not be reallocated by the CON Section; rather the Medical Facilities Planning Section 
shall make the necessary changes in the next amendment to 10 NCAC 3R .3030. 

(B) Appeals Resolved On Or After September 17: If the appeal is resolved on or after September 17 in the 
calendar year, the beds or services^ except for dialysis stations, shall be made available for a review period to 



2720 



NORTH CAROLINA REGISTER 



February I, 1996 



10:21 



TEMPORARY RULES 



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I 



be detennined by the CON Section, but beginning no earlier than 60 days from the date that the appeal is 
resolved. Notice shall be given by the Certificate of Need Section no less than 45 days prior to the due date 
for receipt of new applications. 
(4) Dialyoia Dtationo thnt oro withdrawn, rolinquishod, not applied for or docortifiod shall not bo roallocatod. — Instead, 

any nocoosoiy rodotoimiuation of nood shall bo mndo in the next schodulod publication of the Sotniannual Dialyaia 

R e port. 

(5) Withdrawals and Relinquishments. Except for dialysis stations, a A need determination for which a certificate 
of need is issued, but is subsequently withdrawn or relinquished, is available for a review period to be determined 
by the Certificate of Need Section, but beginning no earlier than 60 days from: 

(A) the last date on which an appeal of the notice of intent to withdraw the certificate could be filed if no appeal 
is filed, 

(B) the date on which an appeal of the withdrawal is finally resolved against the holder, or 

(C) the date that the Certificate of Need Section receives from the holder of the certificate of need notice that the 
certificate has been voluntarily relinquished. 

Notice of the scheduled review period for the reallocated services or beds shall be given no less than 45 days 
prior to the due date for submittal of the new applications. 

(6) Need Determinations for which No Applications are Received 

(A) Services or Beds with Scheduled Review in the Calendar Year on or Before October 1 : Need determinations, 
or portions of such need, for services or beds in this category include long-term nursing care beds, home health 
agencies or offices, hospice home care programs, hospice inpatient beds, and beds in intermediate care facilities 
for the mentally retarded (ICF/MR) with the exception of ICF/MR need determinations with a scheduled review 
that begins after October 1. The Certificate of Need Section shall not reallocate the services or beds in this 
category for which no applications were received, because the Medical Facilities Planning Section will have 
sufficient time to make any necessary changes in the determinations of need for these services or beds in the 
next annual amendment to 10 NCAC 3R .3030. 

(B) Services or Beds with Scheduled Review in the Calendar Year After October 1: Need determinations for 
services or beds in this category include acute care beds, psychiatric beds, substance abuse beds, ICF/MR beds, 
bone marrow transplantation services, bum intensive care services, neonatal intensive care services, open heart 
surgery services, soUd organ transplantation services, air ambulance equipment, cardiac angioplastic equipment, 
cardiac catheterization equipment, heart-lung bypass maohine, - machines, gamma knif e , knives, lithotriptors, 
magnetic resonance imaging ooonn e r, scanners, positron emission tomography scanners, major medical 
equipment as defined in G.S. 131E-176(14f), diagnostic centers and oncology treatment centers for which 
review commences after October 1. A need determination in this category for which no application has been 
received by the last due date for submittal of applications shall be available to be applied for in the second 
Category I review period in the next calendar year for the applicable HSA. Notice of the scheduled review 
period for the reallocated beds or services shall be given by the Certificate of Need Section no less than 45 days 
prior to the due date for submittal of new applications. 

(7) Need Determinations not Awarded because Application Disapproved. 

(A) Disapproval in the Calendar Year prior to September 17: Need determinations or portions of such need for 
which applications were submitted but disapproved by the Certificate of Need Section before September 17, 
shall not be reallocated by the Certificate of Need Section. Instead the Medical Facihties Planning Section shall 
make the necessary changes in the next annual amendment to 10 NCAC 3R .3030 if no appeal is filed. 

(B) Disapproval in the Calendar Year on or After September 17: Need determinations or portions of such need 
for which applications were submitted but disapproved by the Certificate of Need Section on or after September 
17, shall be reallocated by the Certificate of Need Section except for dialysis stations. A need in this category 
shall be available for a review period to be determined by the Certificate of Need Section but beginning no 
earlier than 95 days from the date the application was disapproved, if no appeal is filed. Notice of the 
scheduled review period for the reallocation shall be mailed no less than 80 days prior to the due date for 
submittal of the new applications. 

(8) Reallocation of Delicensed and Decertified ICF/MR Beds. If an ICF/MR facility's license and Medicaid 
certification are relinquished or revoked, the ICF/MR beds in the facility shall be reallocated by the Department 
of Human Resources, EHvision of Facility Services. Medical Facilities Planning Section pursuant to the provisions 
of the following sub-parts. The reallocated beds shall only be used to convert five-bed ICF/MR facilities into 
six-bed facilities. 

(A) If the number of five-bed ICF/MR facilities in the mental health planning region In which the beds are located 
equals or exceeds the number of reallocated beds, the beds shall be reallocated solely within the planning region 
after considering the recommendation of the Regional Team of Developmental Disabilities Services Directors. 



10:21 NORTH CAROLINA REGISTER February 1, 1996 2721 



TEMPORARY RULES 



(B) If the number of five-bed ICF/MR facilities in the mental health planning region in which the beds are located 
is less than the number of reallocated beds, the Medical Facilities Planning Section shall reallocate the excess 
beds to other planning regions after considering the recommendation of the Developmental Disabilities Section 
in the Division of Mental Health. Developmental Disabilities, and Substance Abuse Services. The Medical 
Facilities Planning Section shall then allocate the beds among the planning areas within those planning regions 
after considering the recommendation of the a ppropnate Regional Teams of E)evelopmental Disabilities Services 
Directors. 

(C) The Department of Human Resources. Division of Facility Services. Certificate of Need Section shall schedule 
reviews of applications for these beds pursuant to Subparagraph (a)(5) of this Rule. 

(b) CHANGES IN NEED DETERMINATIONS. 

(1) The need determinations in 10 NCAC 3R .3030 and .3032 shall be revised continuously throughout 1995 the 
calendar year to reflect all changes in the inventories of; 

(A) the health services listed at G.S. 131E-176(16)f; 

(B) health service facilities; 

(C) health service facility beds; 

(D) dialysis stations; 

(E) the equipment listed at G.S. 131E-176(16)fl; and 

(F) mobile medical equipment. 

as those changes are reported to the Medical Facilities Planning Section. However, need determinations in 10 
NCAC 3R .3030 or .3032 shall not be reduced if the relevant inventory is adjusted upward 30 days or less prior 
to the first day of the applicable review period. 

(2) Inventories shall be updated to reflect: 

(A) decertification of home health agencies or offic e s offices, intermediate care facilities for the mentally retarded. 
and dialysis stations; 

(B) delicensure of health service facilities and health service facility beds; 

(C) demolition, destruction, or decommissioning of equipment as listed at G.S. 131E-176(16)fl and s; 

(D) elimination or reduction of a health service as listed at G.S. 131E-176(16)f; 

(E) psychiatric beds licensed pursuant to G.S. 131E-184(c); 

(F) certificates of need awarded, relinquished, or withdrawn, subsequent to the preparation of the inventories in 
the State Medical Facilities Plan; and 

(G) corrections of errors in the inventory as reported to the Medical Facilities Planning Section. 

(3) Any f)erson who is interested in applying for a new institutional health service for which a need determination 
is made in 10 NCAC 3R .3030 or .3032 may obtain information about updated inventories and need 
determinations from the Medical Facilities Planning Section. 

History Note: Filed as a Temporary Amendment Eff. January 1, 1995 for a period of 180 days or until the permanent rule 
becomes effective, whichever is sooner; 

Filed as a Temporary Amendment Eff. December 31 , 1993 for a period of 180 days or until the permanent 
rule becomes effective, whichever is sooner; 

Filed as a Temporary Rule Eff. May 31, 1992 for a period of 153 days to expire on October 31, 1992; 
Authority G.S. 131E-1 76(25); 131E-177(1), 13 IE- 183(b); 
Eff. November 2, 1992; 

Amended Eff. April 1, 1995; April 1, 1994; January 4, 1993; 
Temporary Amendment Eff. January 1, 1996. 

.3050 POLICIES 

(a) ACUTE CARE FACIUTIES AND SERVICES 

(1) Use of Licensed Bed Capacity Data for Planning Purposes. For planning purposes the number of licensed beds 
shall be determined by the Division of Facility Services in accordance with standards found in 10 NCAC 3C 
.1510 - Bed Capacity. 

(2) Utilization of Acute Care Hospital Bed Capacity. Conversion of underutilized hospital space to other needed 
purposes shall be considered an alternative to new construction. Hospitals falling below utilization targets in 10 
NCAC 3R .3050(a)(4) are assumed to have underutilized space. Any such hospital proposing new construction 
must clearly demonstrate that it is more cost-effective than conversion of existing space. 

(3) Exemption from Plan Provisions for Certain Academic Medical Center Teaching Hospital Projects. Projects for 
which certificates of need are sought by academic medical center teaching hospitals may qualify for exemption 
from provisions of 10 NCAC 3R .3030. The State Medical Facilities Planning Section shall designate as an 



2722 NORTH CAROLINA REGISTER February 1, 1996 10:21 



TEMPORARY RULES 



^ 



Academic Medical Center Teaching Hospital any facility whose application for such designation demonstrates 
the following characteristics of the hospital: 

(A) Exemption from Plan provisions for certain Academic Medical Center Teaching Hospital projects that serve 
as a primary teaching site for a school of medicine and at least one other health professional school, providing 
undergraduate, graduate and postgraduate education. 

(B) Exemption from provisions of 10 NCAC 3R .3030 shall be granted to projects submitted by Academic Medical 
Center Teaching Hospitals designated prior to January 1, 1990 and houses extensive basic medical science and 
clinical research programs, patients and equipment, and which projects comply with one of the following 
conditions. 

(i) Necessary to complement a specified and approved expansion of the number of types of students, residents 

or faculty, as certified by the head of the relevant associated professional school; or 
(ii) Necessary to accommodate patients, staff or equipment for a specified and approved expansion of research 

activities, as certified by the head of the entity sponsoring the research; or 
(iii) Necessary to accommodate changes in requirements of specialty education accrediting bodies, as evidenced 
by copies of documents issued by such bodies. 

(C) Serves the treatment needs of patients from a broad geographic area through multiple medical specialties. 
(4) Reconversion to Acute Care. Facilities redistributing beds from acute care bed capacity to rehabilitation or 

psychiatric use shall obtain a certificate of need to convert this capacity back to acute care. Application for such 
reconversion to acute care of beds converted to psychiatry or rehabilitation shall be evaluated against the 
hospital's utilization in relation to target occupancies used in determining need shown in 10 NCAC 3R .3030 
without regard to the acute care bed need shown in the Rule. These target occupancies are: 



Licensed Bed Capacity 


Percent Occupancy 


1 - 49 


65 


50 - 99 


70 


100 - 199 


75 


200 - 699 


80 


700 - + 


81.5 



> 



^ 



(5) Multi-Sjjecialty Ambulatoiy Surgery. After applying other required criteria, when superiority among two or more 
competing ambulatory surgical facility certificate of need applications is uncertain, favorable consideration shall 
be given to "multi-specialty programs" over "specialty programs" in areas where need is demonstrated in 10 
NCAC 3R .3030. A multi-specialty ambulatory surgical program means a program providing services in at least 
three of the following areas; gynecology, otolaryngology, plastic surgery, general surgery, ophthalmology, 
orthopedics, urology, and oral surgery. An ambulatory surgical facility shall provide at least two designated 
operating rooms with general anesthesia capabilities, and at least one designated recovery room. 

(6) Distribution of Inpatient Rehabilitation Beds. After applying other required criteria, when superiority among two 
or more competing rehabihtation facility certificate of need applications is uncertain, favorable consideration shall 
be given to proposals that make rehabilitation services more accessible to patients and their families or are part 
of a comprehensive regional rehabilitation network. 

(b) LONG-TERM CARE FACIUTIES AND SERVICES. 
(1) Provision of Hospital-Based Long-Term Nursing Care. A certificate of need may be issued to a hospital which 
is licensed under G.S. 131E, Article 5, and which meets the conditions set forth below and other relevant rules, 
to convert up to ten beds from its licensed acute care bed capacity for use as hospital-based long-term nursing 
care beds without regard to determinations of need in 10 NCAC 3R .3030 if the hospital: 

(A) is located in a county which was designated as non-metropoUtan by the U. S. Office of Management and Budget 
on January 1 , i99$j 1996; and 

(B) on January 1, 1995, 1996, had a licensed acute care bed capacity of 150 beds or less. 

The certificate of need shall remain in force as long as the Department of Human Resources determines that the 
hospital is meeting the conditions outlined in this Rule. 

"Hospital-based long-term nursing care" is defined as long-term nursing care provided to a patient who has been 
directly discharged from an acute care bed and cannot be immediately placed in a licensed nursing facUity because 
of the unavailability of a bed appropriate for the individual's needs. Determination of the patient's need for 
hospital-based long-term nursing care shall be made in accordance with criteria and procedures for determining 
need for long-term nursing care administered by the Division of Medical Assistance and the Medicare program. 
Beds developed under this Rule are intended to provide placement for residents only when placement in other 
long-term care beds is unavailable in the geographic area. Hospitals which develop beds under this Rule shall 



10:21 NORTH CAROLINA REGISTER February 1, 1996 2723 



TEMPORARY RULES 



discharge patients to other nursing facilities with available beds in the geographic area as soon as possible where 
appropriate and permissible under ajsplicable law. Necessary documentation including copies of physician referral 
forms (FT^ 2) on all patients in hospital-based nursing units shall be made available for review upon request by 
duly authorized representatives of licensed nursing facilities. 

For purposes of this Rule, beds in hospital-based long-term nursing care shall be certified as a "distinct part" as 
defined by the Health Care Financing Administration. Beds in a "distinct part" shall be converted from the 
existing licensed h)ed capacity of the hospital and shall not be reconverted to any other category or type of bed 
without a certificate of need. 

An appUcation for a certificate of need for reconverting beds to acute care shall be evaluated against the hospital's 
service needs utilizing target occupancies shown in 10 NCAC 3R .3050(a)(4), without regard to the acute care 
bed need shown in 10 NCAC 3R .3030. A certificate of need issued for a hospital-based long-term nursing care 
unit shall remain in force as long as the following conditions are met: 
(i) the beds shall be certified for participation in the Title XVin (Medicare) and Title XIX (Medicaid) 

Programs; 
(ii) the hospital discharges residents to other nursing facilities in the geographic area with available beds when 

such discharge is appropriate and permissible under applicable law; 
(iii) patients admitted shall have been acutely ill inpatients of an acute hospital or its satellites immediately 
preceding placement in the unit. 
The granting of beds for hospital-based long-term nursing care shall not allow a hospital to convert additional 
beds without first obtaining a certificate of need. Where any hospital, or the parent corporation or entity of 
such hospital, any subsidiary corporation or entity of such hospital, or any corporation or entity related to or 
affiliated with such hospital by common ownership, control or management: 
(I) apphes for and receives a certificate of need for long-term care bed need determinations in 10 NCAC 

3R .3030; or 
(II) currently has nursing home beds licensed as a part of the hospital under G.S. 13 IE, Article 5; or 
(in) currently operates long-term care beds under the Federal Swing Bed Program (P.L. 96-499), 
such hospital shall not be eligible to apply for a certificate of need for hospital -based long-term care nursing 
beds under this Rule. Hospitals designated by the State of North Carolina as Rural Primary Care Hospitals 
pursuant to section 1820(f) of the Social Security Act, as amended, which have not been allocated long-term 
care beds imder provisions of G.S. 131E-175 through G.S. 131E-190, may apply to develop beds under this 
Rule. However, such hospitals shall not develop long-term care beds both to meet needs determined In 10 
NCAC 3R .3030 and this Rule. 

Beds certified as a "distinct part" under this Rule shall be counted m the inventory of existing long-term care 
beds and used In the calculation of unmet long-term care bed need for the general population of a planning area. 
AppUcations for certificates of need pursuant to this Rule shall be accepted only for the March 1 review cycle. 
Beds awarded under this Rule shall be deducted from need determinations for the county as shown In 10 NCAC 
3R .3030. Continuation of this Rule shall be reviewed and approved by the Department of Human Resources 
annually. Certificates of need issued under policies analogous to this Rule in State Medical Facilities Plans 
subsequent to the 1986 Plan are automatically amended to conform with the provisions of this Rule at the 
effective date of this Rule. The Department of Human Resources shall monitor this program and ensure that 
patients affected by this Rule are receiving appropriate services, and that conditions under which the certificate 
of need was granted are being met. 
(2) Plan Exemption for Continuing Care Facilities. 

(A) QuaUfied continuing care facilities may Include from the outset, or add or convert bed capacity for long-term 
nursing care without regard to the bed need shown in 10 NCAC 3R .3030. To qualify for such exemption, 
applications for certificates of need shall show that the proposed long-term nursing bed capacity: 
(i) Will only be develojDed concurrently with, or subsequent to construction on the same site, of facilities for 
both of the following levels of care: 
(I) independent living accommodations (apartments and homes) for persons who are able to carry out 
normal activities of daily living without assistance; such accommodations may be in the form of 
apartments, flats, houses, cottages, and rooms within a suitable structure; 
(II) domiclUary care (home for the aged) beds for use by persons who, because of age or disability require 
some personal services, incidental medical services, and room and board to assure their safety and 
comfort, 
(ii) Will be used exclusively to meet the needs of persons with whom the facility has continuing care contracts 
(in compUance with the Department of Insurance statutes and rules) who have lived in a non-nursing unit 
of the continuing care facility for a period of at least 30 days. Exceptions shall be allowed when one 



2724 NORTH CAROLINA REGISTER February 1, 1996 10:21 



TEMPORARY RULES 



spouse or sibling is admitted to the nursing unit at the time the other spouse or sibling moves into a 
non-nursing unit, or when the medical condition requiring nursing care was not known to exist or be 
imminent when the individual became a party to the continuing care contract. Financial consideration paid 
by persons purchasing a continuing care contract shall be equitable between persons entering at the 
"independent living" and "domiciliary" levels of care, 
(iii) Reflects the number of beds required to meet the current or projected needs of residents with whom the 
facility has an agreement to provide continuing care, after making use of all feasible alternatives to 
institutional nursing care, 
(iv) Will not be certified for participation in the Medicaid program. 
(B) One half of the long-term nursing beds developed under this exemption shall be excluded from the inventory 
used to project bed need for the general population. Certificates of need issued under policies analogous to this 
Rule in State Medical Facilities Plans subsequent to the 1985 SMFP are automatically amended to conform with 
the provisions of this Rule at the effective date of this Rule. Certificates of need awarded pursuant to the 
provisions of Chapter 920, Session Laws 1983, or Chapter 445, Session Laws 1985 shall not be amended. 

(3) Development of Home Health Services. After applying other required criteria, when superiority among two or 
more competing home health agency or office certificate of need appUcations is uncertain, favorable consideration 
shall be given to proposals which: 

(A) provide an expanded scope of services (including nursing, physical therapy, speech therapy, and home health 
aide service); 

(B) provide the widest range of treatments within a given service; ftad 

(C) have the ability to offer services on a seven days per week basis as required to meet patient nooda. needs; and 

(D) provide sp>ecialized services to address the needs of at least one of the following groups: nursing home patients 
in transition to the community. HIV/AIDS patients. Alzheimer's Disease/senile dementia patients, or 
underserved patients in rural counties. 

(4) Need Determination Upon Termination of County's Sole Home Health Agency. When a home health agency's 
board of directors, or in the case of a public agency, the responsible public body, votes to discontinue the 
agency's provision of home health services; and 

(A) the agency is the only home health agency with an office physically located in the county; and 

(B) the agency is not being lawfully transferred to another entity; 

need for a new home health agency or office in the county is thereby established through this Rule. 
Following receipt of written notice of such decision from the home health agency's chief administrative officer, 
the Certificate of Need Section shall give public notice of the need for one home health agency or office in the 
county, and the dates of the review of applications to meet the need. Such notice shall be given no less than 45 
days prior to the final date for receipt of applications in a newspaper serving the county and to home health 
agencies located outside the county reporting serving county patients in the most recent licensure applications on 
file. 

(5) Availability of Dialysis Care. After applying other required criteria, when superiority among two or more 
competing dialysis facility or station certificate of need applications is uncertain, favorable consideration shall 
be given to applicants proposing to provide or arrange for: 

(A) home training and backup for patients suitable for home dialysis in the ESRD dialysis facility or in a facility 
that is a reasonable distance from the patient's residence; 

(B) ESRD dialysis service availability at times that do not interfere with ESRD patients' work schedules; 

(C) services in rural, remote areas. 

(6) Determination of Need for Additional Nursing Beds in Single Provider Counties. When a long-term care facility 
with fewer than 80 nursing care beds is the only nursing care facility within a county, it may apply for a 
certificate of need for additional nursing beds in order to bring the minimum number of beds available within 
the county to no more than 80 nursing beds without regard to the nursing bed need determination for that county 
as listed in 10 NCAC 3R .3030. 

(c) MENTAL HEALTH FACIUTIES AND SERVICES. 

(1) Appropriate Provision of Care. Hospitalization shall be considered the most restrictive form of therapeutic 
intervention or treatment and shall be used only when this level of 24-hour care and supervision is required to 
meet the patient's health care needs. 

(2) Linkages Between Treatment Settings. Anyone applying for a certificate of need for psychiatric, ICF/MR or 
substance abuse beds shall document that the affected area mental health, developmental disabilities and substance 
abuse authorities have been contacted and invited to comment on the proposed services, relative to their 
endorsement of the project and involvement in the development of a client admission and discharge agreement. 

(3) Transfer of Beds from State Psychiatric Hospitals to Community Facilities. Beds in the State psychiatric hospitals 



10:21 NORTH CAROLINA REGISTER February 1, 1996 2725 



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used to serve short-term psychiatric patients may be relocated to community facilities. However, before beds 
are transferred out of the State psychiatric hospitals, appropriate services and programs shall be available in the 
community. The process of transferring beds shall not result in a net change in the number of psychiatric beds 
available, but rather in the location of beds counted in the existing inventory. State hospital beds which are 
relocated to community facihties shall be closed within ninety days following the date the transferred beds become 
operational in the community. Facilities proposing to operate transferred beds shall commit to serve the type of 
short-term patients normally placed at the State psychiatric hospitals. To help ensure that relocated beds will 
serve those persons who would have been served by the State psychiatric hospitals, a proposal to transfer beds 
from a State hospital shall include a written memorandum of agreement between the area MH/DD/SAS program 
serving the county where the beds are to be located, the Secretary of Human Resources, and the person 
submitting the proposal. 

(4) Inpatient Psychiatric Services for Children and Adolescents. Inpatient psychiatric treatment of children and 
adolescents which is more extensive than stabilization shall occur in units which are separate and distinct from 
both adult psychiatric units and general pediatric units. In order to maximize efficiency and ensure the availability 
of a continuum of care, psychiatric beds for children and adolescents shall be developed in conjunction with 
outpatient treatment programs. 

(5) Involuntarily Committed Patients. All certificate of need applications for psychiatric beds shall indicate the 
proponents' willingness to be designated to serve involuntarily committed patients. 

(6) Substance Abuse Programs to Treat Adolescents. Adolescents shall receive substance abuse treatment services 
that are distinct from services provided to adults. 

(7) Determination of Intermediate Care Bed Need for Mentally Retarded/Developmentally Disabled Persons. After 
applying other required criteria, when superiority among two or more competing ICF/MR certificate of need 
applications is uncertain, favorable consideration shall be given to counties that do not have ICF/MR group homes 
when such counties are part of a multi-county area for which a need is shown in 10 NCAC 3R .3030. 

(8) Transfer of Beds from State Mental Retardation Centers. Facilities proposing to transfer ICF/MR beds from 
State mental retardation centers to communities shall demonstrate that they are committed to serving the same 
type of residents normally served in the State mental retardation centers. To ensure that relocated beds will serve 
those persons, any certificate of need application proposing to transfer beds under this rule must meet the 
requirements of Chapter 858 of the 1983 Session Laws. The application for transferred beds shall include a 
written agreement by the applicant with the following representatives which outlines the operational aspects of 
the bed transfers; Director of the Area MH/DD/SAS Program serving the county where the program is to be 
located; the Director of the applicable State Mental Retardation Center; the Chief of Developmental Disability 
Services in the DMH/DD/SAS; and the Secretary of the Department of Human Resources. 

History Note: Filed as a Temporary Amendment Eff. January 1, 1995 for a period of 180 days or until the permanent rule 
becomes effective whichever is sooner; 

Filed as a Temporary Amendment Eff. December 31, 1993 for a period of 180 days or until the permanent 
rule becomes effective, whichever is sooner; 
Authority G.S. 1318-176(25); 131E-177(1); 131E-183(b); 
Eff. January 4, 1993; 

Amended Eff. April 1, 1995; April 1. 1994; 
Temporary Amendment Eff. January 1 , 1996. 



TITLE 10 - DEPARTMENT OF HUMAN RESOURCES 

Rule-making Agency: Social Services Commission 

Rule Citation: 10 NCAC 41 F .0706 - .0707. .0812 - .0813 

Effective Date: January 1. 1996 

Findings Reviewed by the Codifier of Rules: Approved 

Statutory Authority for the rule-making: G.S. 131D-10.5; 1438-153 

Reason for Proposed Action: The Social Services Commission intends to permanently adopt rules regarding criminal history 

2726 NORTH CAROLINA REGISTER February 1, 1996 10:21 



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checks of foster parents and foster parent applicants. 

Comment Procedures: Anyone wishing to comment should contact Shamese Ransome, Special Assistant to the Director, 
NC Division of Social Services, 325 N. Salisbury Street, Raleigh, NC 27603, (919) 733-3055. 

CHAPTER 41 - CHILDREN'S SERVICES 

SUBCHAPTER 41F - LICENSING OF FAMILY FOSTER HOMES 

SECTION .0700 - STANDARDS FOR LICENSING 

.0706 CRIMINAL CONVICTIONS 

i\n applioant shall not bo eligible for liooneuro as a fost e r par e nt if th e applioant, or any m e mber of th e applioant's 
housohold thirtoon (13) yoora or oldor, has boon conviotod or ontorod a ploa of no oontoot to a crime, and thoro ia a 
rolationship botv i 'oon the nature of the crime and the ability' of the prospoctivo foator parent to osguro the hoalth, safety and 
well being of footer ohildr e n; provided a lio e no e shall bo deni e d if th e applicant or any m e mb e r of the houo e hold thirt ee n 
(13) y e aro or old e r hoc boon convicted or e ntered a pl e a of no oonteet to a f e lony involving viol e nt b e havior, unlawful a e xual 
conduct, minor children or oontrollod drugo. 

History Note: Authority G.S. 131D-10.5; 143B-153; 
Eff. November 1, 1994; 
Amended August 1 , 1995; 
Temporary Repealed Eff. January 1, 1996. 

.0707 CRIMINAL HISTORIES 

An ap>plicant shall not be eligible for licensure if the applicant, or any member of the a pplicant's household 18 years of 
age or older, refuses to consent to any criminal history check required by G.S. 131D, Art. lA or if the Division of Social 
Services determines that the a pplicant, or any member of the applicant's household 18 years of age or older is unfit, based 
on the criminal history, to have responsibility for the safety and well-being of children. 

History Note: Authority G.S. 13 ID- 10. 5; 143B-153; 

Temporary Adoption Eff. January 1 , 1996. 

SECTION .0800 - LICENSING REGULATIONS AND PROCEDURES 

.0812 CRIMINAL BACKGROUND CHECKS 

Th e Bup e rvioing ag e ncy ohnll conduct a oriminal background inv e stigation through aooeoo of th e D e partm e nt of Corr e otiono 
Inmate/Probation Inquiry' Syatom for all members of the foster family housohold thirtoon (13) years and older at the timo 
of initial application and annually thoroaftor. — The results of the criminal background invoatigation aholl bo reported to the 
Division of Social S e rvic e s on th e application form - 
Hlstory Note: Authority G.S. 13 ID- 10. 5; 143B-153; 

Eff. November 1, 1994; 

Amended Eff. August 1, 1995; 

Temporary Repealed Eff. January 1, 1996. 

.0813 CRIMINAL HISTORY CHECKS 

The supervising agency shall carry out the following for all foster parents applying for reUcensure of a family foster home, 
new foster parent applicants and any member of the foster parents' or prospective foster parents' household 18 years of age 
or older: 
(1) furnish the written notice as required by G.S. 131D-10.3A(e): 
(2') obtain a signed consent form for a criminal history check and submit the signed consent form to the Division of 

Social Services; 
(3") obtain two sets of fingerprints on SBI identification cards and forward both sets of fingerprints to the Division of 

Social Services. Once an individual's fingerprints have been submitted to the Division of Social Services, 

additional fingerprints shall not be required; and 
(4) conduct a local criminal history check through accessing the Administrative Office of the Courts and the 

Department of Corrections Inmate/Probation Inquiry Systems and submit the results of the criminal history checks 



10:21 NORTH CAROLINA REGISTER February 1, 1996 2727 



TEMPORARY RULES 



to the Division of Social Services on the application form. 

History Note: Authority G.S. 13 ID-] 0.5; 143B-153; 

Temporary Adoption Eff. January 1, 1996. ^ 

TITLE 10 - DEPARTMENT OF HUMAN RESOURCES 

Rule-making Agency: Social Services Commission 

Rule Citation: 10 NCAC 42A .0701 - .0703 

Effective Date: January 1 , 1996 

Findings Reviewed by the Codifier of Rules: Approved 

Statutory Authority for the rule-making: G.S. 131D-4.3; 143B-153 

Reason for Proposed Action: The North Carolina Social Services Commission proposes to permanently adopt new rules to 
implement the provisions of Ch. 449 of the 1995 Session Laws. These rules provide for case management services for 
residents of adult care homes. 

Comment Procedures: Anyone wishing to comment on these proposed rules should contact Shamese Ransome, Special 
Assistant to the Director, NC Division of Social Services, 325 N. Salisbury Street, Raleigh, NC 27603, (919) 733-3055. 

CHAPTER 42 - INDIVIDUAL AND FAMILY SUPPORT 

SUBCHAPTER 42A - ADULT PLACEMENT SERVICES 

SECTION .0700 - ADULT CARE HOME CASE MANAGEMENT 

.0701 AVAILABILITY 

Counties shall assure the availability of case management services to adult care home residents eligible for Medicaid funded 
Enhanced Adult Care Home Personal Care. 

History Note: Authority G.S. 131D-4.3; 143B-153; 

Temporary Adoption Eff. January 1 , 1996. 

.0702 CASE MANAGEMENT ACTIVmES 

Adult Care Home Case Management shall include the following activities: 

(1) verifying the need for Enhanced Adult Care Home Personal Care; 

(2) assuring the adult care home's care plan corresponds to the needs of the resident: 

(3) reviewing the adult care home's provision of care to assure changes in the residents conditions are being addressed: 

(4) determining the need for other community based services which might benefit the resident; and 

(5) assisting the resident and the adult care home to access other needed services. 

History Note: Authority G.S. 131D-4.3; 1438-153; 

Temporary Adoption Eff. January 1, 1996. 

.0703 DESIGNATED AGENCIES 

Adult Care Home Case Management can be provided by an Area Mental Health Agency, a County Department of Social 
Services, or other agencies designated by the Department. 

History Note: Authority G.S. 131D-4.3; 1433-153; 

Temporary Adoption Eff. January 1, 1996. 

TITLE 10 - DEPARTMENT OF HUMAN RESOURCES 



2728 NORTH CAROLINA REGISTER February 1, 1996 10:21 



{ 



i 



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Rule-making Agency: Social Services Commission 

Rule Citation: 10 NCAC 42B .1209 - .1211, .2402 - .2405; 42C .2010 - .2012, .3701 - .3704; 42D .1409 - .1411. .1827- 
.1830 

Effective Date: January 1, 1996 

Findings Reviewed by the Codifier of Rules: Approved 

Statutory Authority for the rule-making: G.S. 131D-2; 131D-4.3; 143B-153 

Reason for Proposed Action: The North Carolina Social Services Commission proposes to permanently adopt new rules 
to implement the provisions of Chapter 449 of the 1995 Session Laws. The purpose of the rules is to ensure quality of care 
for residents in adult care homes. 

Comment Procedures: Anyone wishing to comment on these proposed rules should contact Shamese Ransome, Special 
Assistant to the Director, 325 North Salisbury Street, Raleigh, North Carolina 27603-5905, (919) 733-3055. 

CHAPTER 42 - INDIVIDUAL AND FAMILY SUPPORT 

SUBCHAPTER 42B - LICENSING OF HOMES FOR DEVELOPMENTAL DISABLED ADULTS 

SECTION .1200 - PERSONNEL 

.1209 COMPETENCY OF STAFF PROVIDING PERSONAL CARE 

(a) The faoilit)' Bholl onsuro that staff who provide personal caro to roeidonte porfoFm only tho s e poroonol caro tasks for 
whioh th e y hav e d e monDtrat e d oomp e t e noy to th e faoilit)' adminiotrator or a p e rson d e signated by the administrator. 

(b) Th e faoilit)' shall maintain dooumontation of the oompetenoy evaluation of staff who provid e p e rsonal oar e that is kept 
current, filed in an orderly monnor and made available for review by the Dopartmont of Human Rosourcos. 

History Note: Filed as a Temporary Adoption effective October 1, 1995, for a period of 180 days or until the permanent 
rule becomes effective, whichever is sooner; 

Authority G.S. 131D-2; 1438- 153; 

Temporary Repeal Eff. January 1, 1996. 

.1210 STAFF COMPETENCY AND TRAINING 

10 NCAC 42D .1410 shall control for this Subchapter. 

History Note: Authority G.S. 131D-2; 131D-4.3; 143B-153; 
Temporary Adoption Eff. January 1 , 1996. 

.1211 TRAINING PROGRAM CONTENT AND APPROVAL 

10 NCAC 42D .1411 shall control for this Subchapter. 

History Note: Authority G.S. 131D-2; 131D-4.3; 143B-153; 
Temporary Adoption Eff. January 1, 1996. 

SECTION .2400 - MISCELLANEOUS RULES 

.2402 RESIDENT ASSESSMENT 

10 NCAC 42C .3701 shall control for this Subchapter. 

History Note: Authority G.S. 131D-2; 131D-4.3; 1433-153; 
Temporary Adoption Eff. January 1, 1996. 

.2403 RESIDENT CARE PLAN 



10:21 NORTH CAROLINA REGISTER February 1, 1996 2729 



TEMPORARY RULES 



W NCAC 42C .3702 shall control for this Subchapter. 

History Note: Authority G.S. 131D-2; 131D-4.3; 143B-153; 
Temporary Adoption Eff. January 1, 1996. 

.2404 LICENSED HEALTH PROFESSIONAL SUPPORT 

JO NCAC 42C .3703 shall control for this Subchapter. 

History Note: Authority G.S. 131D-2; 131D-4.3; 143B-153; 
Temporary Adoption Eff. January 1, 1996. 

.2405 COOPERATION WITH CASE MANAGERS 

jO NCAC 42C .3704 shall control for this Subchapter. 

History Note: Authority G.S. 131D-2; 131D-4.3; 143B-153; 
Temporary Adoption Eff. January 1, 1996. 

SUBCHAPTER 42C - LICENSING OF FAMILY CARE HOMES 

SECTION .2000 - PERSONNEL 

.2010 COMPETENCY OF STAFF PROVIDING PERSONAL CARE 

(q) Tho faoilit)' ohall oniiuro that staff who provide p e rsonal oar e to r e oid e nto p e rform only thooo poroonol oare tooko for 
which thoy have domorutrntcd compotoncy to tho facility administrator or a pwrson doaignatod by tho administrator, oxcopt 
when tho adminiatrator is also tho pwrsonal caro staff. 

(b) Tho faoilit)' shall maintain dooum e ntation of th e competency e valuation of staff who provid e p e rsonal oar e that is k e pt 
current, filed in an ord e rly mann e r and made availabl e for r e ' i 'i e w by roprooontativos of th e D e partm e nt of Human R e souro e o. 

History Note: Filed as a Temporary Adoption effective Oaober L 1995, for a period of 180 days or until the permanent 
rule becomes effective, whichever is sooner; 

Authority G.S. 131D-2; 1438-153; 

Temporary Repeal Eff. January 1 , 1996. 

.2011 STAFF COMPETENCY AND TRAINING 

(a) The facility shall assure that personal care staff and those who directly supervise them in facilities without heavy care 
residents successfully complete a 20-hour training program, including competency evaluation, approved by the Department. 
For the purposes of this Subchapter, heavy care residents are those for whom the facility is providing special health-related 
personal care tasks. Directly supervise means being on duty in the facility to oversee or direct the performance of staff 
duties. 

(h) The facLUty shall assure that staff who perform or directly supervise staff who perform special health-related personal 
care tasks in facilities with heavy care residents successfully complete a 75-hour training program, including competency 
evaluation, approved by the Department and comparable to the State-approved Nurse Aide I training. 

(c) The facility shall assure that training specified in Paragraphs (a) and (h) of this Rule is successfully completed within 
one of the following time frames: 

(1) six months after implementation of a statewide training program for staff hired before such implementation: or 

(2) six months after hiring for staff hired after implementation of a statewide training program established by the 
Department of Community Colleges. 

(d) The Department shall have the authority to extend the six-month time frame specified in Paragraph (c) of this Rule 
up to six additional months for a maximum allowance of \2 months for completion of training upon submittal of 
documentation to the Department by the facility showing good cause for not meeting the six-month time frame. 

(e) Exemptions from the training requirements of this Rule are as follows: 

(1) The Department shall exempt staff from the 20-hour training requirement upon successful completion of a 
competency evaluation approved by the IDepartment if staff have been employed to perform or directly supervise 
basic personal care tasks in a comparable long-term care setting for a total of at least twelve months during the 
three years prior to January J_i^ 1996, or the date they are hired, whichever is later. 

(2) The Department shall exempt staff from the 75-hour training requirement upon successful completion of a 15- 



2730 NORTH CAROLINA REGISTER February 1, 1996 10:21 



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hour refresher training and competency evaluation program or a competency evaluation program approved by 
the Department if staff have been employed to perform or directly supervise special health-related personal care 
tasks in a comparable long-term care setting for a total of at least 12 months during the three years prior to 
January l_i 1996, or the date they are hired, whichever is later. 
(3) The Department shall exempt staff from the 20 and 75-hour training and competency evaluation who are licensed 
health professionals or listed on the N.C. Nurse Aide Registry. 
£f) The facihty shall maintain documentation of the training and competency evaluations of staff required by the rules of 
this Subchapter. The documentation shall be filed in an orderly manner and made available for review by representatives 
of the Department. 

(g) The facility shall assure that staff who perform or directly supervise staff who perform basic personal care tasks or 
special health-related personal care tasks receive on-the-job training and supervision as necessary for the performance of 
individual job assignments prior to meeting the training and competency requirements of this Rule. 
(h) For the purposes of this Rule, basic personal care tasks include, but are not limited to the following: 

(1) assist residents with toileting and maintaining bowel and bladder continence: 

(2) assist residents with mobility and transferring: 

(3) provide care for normal, unbroken skin: 

(4i assist with personal hygiene to include mouth care, hair and scalp grooming, care of fingernails, and bathing in 
shower, tub, bed basin: 

(5) trim hair: 

(6) shave resident; 

(7) provide basic first aid: 

(8) assist residents with dressing: 

(9) assist with feeding residents with special conditions but no swallowing difficulties: 

(10) assist and encourage physical activity: 

(11) take and record temperature, pulse, respiration, routine height and weight: 

(12) trim toenails for residents without diabetes or peripheral vascular disease: 

(13) perineal care: 

(14) app ly condom catheters; 

(15) turn and position: 

(16) collect urine or fecal specimens; 

(17) take and record blood pressure if a registered nurse has determined and documented staff to be competent to 
perform this task; 

(18) apply and remove or assist with applying and removing prosthetic devices for stable residents if a registered 
nurse, licensed physical therapist or licensed occupational therapist has determined and documented staff to be 
competent to perform the task; and 

(19) app ly or assist with a pplying ace bandages. TED's and binders for stable residents if a registered nurse has 
determined and documented staff to be competent to perform the task. 

(i) For the purposes of this Rule, special health-related personal care tasks are as follows: 

(1) assist with feeding residents with swallowing difficulty: 

(2) assist with gait training using assistive devices; 

(3) assist with or perform range of motion exercises: 

(4) empty and record drainage of catheter bag; 

(5) administer enemas; 

(6) bowel and bladder retraining to regain continence: 

(7) test urine or fecal specimens: 

(8) use of physical or mechanical devices attached to or adjacent to the resident which restrict movement or access 
to one's own body used to restrict movement or enable or enhance functional abilities: 

(9) non-sterile dressing procedures; 

(10) force and restrict fluids; 

(11) apply prescribed heat therapy; 

(12) care for non-infected pressure ulcers; and 

(13) vaginal douches. 



History Note: Authority G.S. 131D-2; 131D-4.3: 143B-153; 
Temporary Adoption Eff. January 1, 1996. 

.2012 TRAINING PROGRAM CONTENT AND APPROVAL 



10:21 NORTH CAROLINA REGISTER February 1, 1996 2731 



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(a.) The 20-hour training specified in Rule .2011 of this Subchapter shall consist of at least 12 hours of classroom 
instruction, and the remaining hours shall be supervised practical experience. Comf>etencv evaluation shall be conducted 
in each of the following areas: 

(1) personal care skills; 

(2) cognitive, behavioral and social care, including mental disabilities: and 

(3) residents' rights as established by G.S. 131D-21. 

£b) The 75-hour training specified in Rule .201 1 of this Subchapter shall consist of at least 30 hours of classroom 
instruction and at least 30 hours of supervised practical experience. Competency evaluation shall be conducted in each of 
the following areas: 

(1) observation and documentation; 

(2) basic nursing skills, including special health-related tasks: 
(3} personal care skills; 

£4} cognitive, behavioral and social care, including mental disabilities; 

(5) basic restorative services; and 

(6) residents' rights as established by G.S. 131D-21. 

(c) The curriculum, number of hours for each content area, instructor qualifications, sites for classroom instruction and 
supervised practical experience, and plans for competency evaluation and documentation for the 20-hour and 75-hour training 
programs shall be submitted to the Department for approval. 

History Note: Authority G.S. 131D-2: 131D-4.3; MSB- 153; 
Temporary Adoption Eff. January 1, 1996. 

SECTION .3700 - RESffiENT ASSESSMENT AND CARE 

,3701 RESroENT ASSESSMENT 

(a) The facility shall assure that an assessment of each resident is completed within 30 calendar days from the date of 
admission and annually thereafter using an assessment instrument approved by the Department. For the purposes of this 
Subchapter, the assessment is a functional assessment to determine a resident's level of functioning to include routines, 
preferences, needs, mood and psychosocial well-being, cognitive status and physical functioning in activities of daily living. 
Activities of daily living are personal functions essential for the health and well-being of the resident which are bathing. 
dressing, personal hygiene, ambulation or locomotion, transferring, toileting and eating. 

(b) TTie facility shall assure a reassessment of a resident is completed within 10 days of a significant change in the 
resident's condition. For the purposes of this Subchapter, reassessment is any assessment as defined in Paragraph (a) of this 
Rule other than the initial and annual assessments. 

(c) For the purposes of this Subchapter, significant change in the resident's condition is defined as follows: 

(1) Significant change is one or more of the following: 
(A) deterioration in two or more activities of daily living; 
£B} change in ability to walk or transfer; 

(C) change in the ability to use one's hands to grasp small objects; 

(D) deterioration in behavior or mood to the point where daily problems arise or relationships have become 
problematic; 

(E) no response by the resident to the treatment for an identified problem; 

(F) initial onset of unplanned weight loss or gain of 5 percent of body weight within a 30-day period or 10 percent 
weight loss or gain within a 6-month period; 

(G) threat to life such as stroke, heart condition, or metastatic cancer; 
(H) emergence of a pressure ulcer at Stage II or higher; 

(T) a new diagnosis of a condition likely to affect the resident's physical, mental, or psychosocial well-being over 

a prolonged period of time such as initial diagnosis of Alzheimer's disease or diabetes; 
(J) improved behavior, mood or functional health status to the extent that the established plan of care no longer 

matches what is needed; 
(K) new onset of impaired decision-making; 
(L) continence to incontinence or indwelling catheter; or 

(M) the resident's condition Indicates there may be a need to use a restraint and there is no current restraint order 
for the resident. 

(2) Significant change is not any of the following: 

(A) changes that suggest slight upward or downward movement in the resident's status; 

(B) short-term changes that r esolve with or without intervention; 



2732 NORTH CAROLINA REGISTER February I, 1996 10:21 



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(O changes that arise from easily reversible causes; 

(D) a short-term acute illness or episodic event: 

(E) a well-established, predictive, cyclical pattern: or 

(F) steady improvement under the current course of care. 

(d) If a resident experiences a significant change as defined in Paragraph (c) of this Rule, the facility shall refer the 
resident to the resident's physician or other appropriate licensed health professional such as a mental health professional, 
nurse practitioner, physician assistant or registered nurse in a timely manner consistent with the resident's condition but no 
longer than 10 days from the significant change, and document the referral in the resident's record. 

(e) The assessment and reassessment shall be completed and signed by the administrator or a person designated by the 
administrator. 

(f) The facility administrator or a person designated by the administrator to perform resident assessments and reassessments 
shall successfully complete Department- a pproved training on assessing residents by July l_i 1996. After this date, the 
administrator or person designated by the administrator to perform assessments and reassessments shall have successfully 
completed the assessment training before performing any assessments or reassessments of residents. Registered nurses are 
exempt from the assessment training. 

History Note: Authority G.S. 131D-2; 131D-4.3; 143B-153; 
Temporary Adoption Ejf. January 1, 1996. 

.3702 RESroENT CARE PLAN 

(a) The facility shall assure a care plan is developed for each resident in conjunction with the initial resident assessment 
and revised as needed based on annual assessments and any reassessments of the resident. For the purposes of this 
Subchapter, the care plan is an individualized, written program of personal care for each resident. 

(b) The care plan shall include the following: 

(1) a statement of the care or service to be provided based on the assessment or reassessment: and 

(2) frequency of the service provision. 

(c) The assessor shall sign the care plan upon its completion. 

(d) The facility shall assure that a physician authorizes personal care services and certifies the following: 

(1) the resident is under the physician's care: and 

(2) the resident has a medical diagnosis with associated physical or mental limitations that justify the personal care 
services specified in the care plan. 

History Note: Authority G.S. 131D-2; 131D-4.3; 143B-153; 
Temporary Adoption Ejf. January 1, 1996. 

.3703 LICENSED HEALTH PROFESSIONAL SUPPORT 

(a) The facility shall assure that a registered nurse, licensed under G.S. 90. Article 9A. participates in the on-site review 
and evaluation of the residents' health status and care plan within the first 45 days of admission and at least every 90 days 
thereafter for newly admitted residents who require one or more special health-related personal care tasks, including but not 
limited to the following, and at least every 90 days for current residents who require one or more special health-related 
personal care tasks including but not limited to the following: 

(1) applying and removing ace bandages, TED's and binders; 

(2) feeding techniques for residents with swallowing problems; 

(3) bowel or bladder retraining involving hands-on and invasive activities such as enemas, su ppositories, and 
catheterizations: 

(4) urinary catheterizations: 

(5) chest physiotherapy or postural drainage: 

(6) clean or sterile dressing changes; 

(7) collecting or testing blood samples and taking action based on the results: 

(8) colostomy care; 

{9\ decubitus care for stages I-IV wounds: 

(10) irrigations of wounds, catheters or access devices; 

(1 1) inhalation medication by machine; 

(12) maintaining accurate intake and output data; 

(13) medication administration through feeding tube; 

(14) medication administration through injection or vascular access; 

(15) administration of more than 10 medications; 



10:21 NORTH CAROLINA REGISTER February 1, 1996 2733 



TEMPORARY RULES 



(16) oxygen administration and monitoring; 

(17) the monitoring of care for any residents who are restrained and the use of care practices as alternatives to 
restraints; 

(18) oral, pharyngeal, or tracheal suctioning; 

(19) testing urine samples and taking action based on the results; 

(20) tracheostomy care; 

(21) transferring semi-ambulatory or non-ambulatory residents; 

(22) administering and monitoring of hibe feedings; or 

(23) adjusting medications as ordered based on yjtal signs. 

(b) The facility shall assure that a registered nurse, occupational therapist licensed under G.S. 90. Article 18D or physical 
therapist licensed under G.S. 90-270.24. Article 18B. participates in the on-site review and evaluation of the residents' health 
status and care plan at least every 90 days for those residents who require one or more of the following tasks: 

(1) application of prescribed heat therapy; 

(2) application and removal of prosthetic devices; 

(3) gait training using assistive devices; 

(4) range of motion exercises; or 

(5) any other prescribed physical or occupational therapy. 

(c) The facility shall assure that participation in the on-site review and evaluation of the residents' health status and care 
plan by a registered nurse, occupational therapist or physical therapist as specified in Paragraphs (a) and (h) of this Rule 
includes: 

(1) identifying the appropriate persons to provide care and perform the tasks consistent with 21 NCAC 36 .0400; 

(2) teaching or validating competencies of licensed practical nurses or non-licensed personnel who will provide care 
and perform the tasks; 

(3) evaluating the resident's response to care being provided; 

(4) reviewing and, if necessary, recommending changes in the care plan to meet the health-related needs of the 
resident; and 

(5) documenting the activities in Subparagraphs (1) through (4) of this Paragraph. 

(d) The facihty shall assure that any staff who perform special health-related personal care tasks listed in Paragraph (a) 
of this Rule are at least annually observed providing care to residents by a licensed registered nurse or other appropriate 
licensed health professional who is employed by the facility or under contract or agreement, individually or through an 
agency, with the facility. 

History Note: Authority G.S. 131D-2; 131D-4.3; 143B-153; 
Temporary Adoption Eff. January 1, 1996. 

.3704 COOPERATION WITH CASE MANAGERS 

The administrator shall cooperate with and assure the cooperation of facility staff with case managers in their provision 
of case management services to the appropriate residents. 

History Note: Authority G.S. 131D-2; 131D-4.3; 143B-153; 
Temporary Adoption Eff. January 1 , 1996. 

SUBCHAPTER 42D - LICENSING OF HOMES FOR THE AGED AND INFIRM 

SECTION .1400 - PERSONNEL 

.1409 COMPETENCY OF STAFF PROVIDING PERSONAL CARE 

(a) The facilit>' shall ensure that staff who provide personal caro to rosidonts perform only those pwrsonal coro toaks for 
which thoy have demonstrat e d competency to the facility' administrator or a person designated by the administrator. 

(b) Th e faoiht)' shall maintain docum e ntation of the comp e t e ncy e valuation of otaff who provid e p e roonal oar e and th e ir 
sup e rvicoro that is k e pt curr e nt. Fil e d in an ord e rly mann e r and mad e available for r e vi e w by r e pr e o e ntativeo of th e 
Department of Human Resource s . 

History Note: Filed as a Temporary Adoption effective October 1, 1995, for a period of 180 days or until the permanent 
rule becomes effective, whichever is sooner; 

Authority G.S. 131D-2; 143B-153; 
Temporary Repeal Eff. January 1 , 1996. 



2734 NORTH CAROLINA REGISTER February I, 1996 10:21 



TEMPORARY RULES 



.1410 STAFF COMPETENCY AND TRAINING 

(a) The facility shall assure that staff who perform or directly superyjse staff who perform basic personal care tasks 
successfully complete a 40-hour training program, including competency evaluation, approyed by the Department. Directly 
supervise means being on duty in the facility to oversee or direct the performance of staff duties. 

(h) The facility shall assure that staff who perform or directly supervise staff who perform special health-related personal 
care tasks successfiiUy complete a 75-hour training program, including competency evaluation, a pproved by the Department 
and comparable to the State-approved Nurse Aide I training. 

(c) The facility shall assure that training specified in Paragraphs (a) and (h) of this Rule is successfully completed within 
one of the following time frames: 

(1) six months after implementation of a statewide training program for staff hired before such implementation: or 

(2) sbc months after hiring for staff hired after implementation of a statewide training program established by the 
Department of Community Colleges. 

(d) The Department shall have the authority to extend the six-month time frame specified in Paragraph (c) of this Rule 
up to six additional months for a maximum allowance of 12 months for completion of training upon submittal of 
documentation to the Department by the facility showing good cause for not meeting the six-month time frame. 

(e) Exemptions from the training requirements of this Rule are as follows: 

£1} The Department shall exempt staff from the 40-hour training requirement upon successful completion of a 
competency evaluation approved by the Department if staff have been employed to perform or directly supervise 
basic personal care tasks in a comparable long-term care setting for a total of at least twelve months during the 
three years prior to January 1. 1996. or the date they are hired, whichever is later. 

(2) The Department shall exempt staff from the 75-hour training requirement upon successful completion of a 15- 
hour refresher training and competency evaluation program or a competency evaluation program approved by 
the Department if staff have been employed to perform or directly supervise special health-related personal care 
tasks in a comparable long-term care setting for a total of at least twelve months during the three years prior to 
January JU 1996. or the date they are hired, whichever is later. 

(3) The Department shall exempt staff from the 40 and 7S-hour training and competency evaluation who are licensed 
health professionals or listed on the N.C. Nurse Aide Registry. 

£f) The facility shall maintain documentation of the training and competency evaluations of staff required by the rules of 
this Subchapter. The documentation shall be filed in an orderly manner and made available for review by representatives 
of the Department. 

(g) The facility shall assure that staff who perform or directly supervise staff who perform basic personal care tasks or 
special health-related personal care tasks receive on-the-job training and supervision as necessary for the performance of 
individual job assignments prior to meeting the training and competency requirements of this Rule. 

(h) For the purposes of this Rule, basic personal care tasks include, but are not limited to the following: 

(1) assist residents with toileting and maintaining bowel and bladder continence: 

(2) assist residents with mobility and transferring; 

(3) provide care for normal, unbroken skin; 

(4) assist with personal hygiene to include mouth care, hair and scalp grooming, care of fingernails, and bathing in 
shower, tub, bed basin; 

(5) trim hair; 

(6) shave resident; 

(1) provide basic first aid; 

(S) assist residents with dressing; 

£9} assist with feeding residents with special conditions but no swallowing difficulties; 

(10) assist and encourage physical activity; 

(11) take and record temperature, pulse, respiration, routine height and weight; 

(12) trim toenails for residents without diabetes or peripheral vascular disease; 

(13) perineal care; 

(14) apply condom catheters; 

(15) turn and position; 

(16) collect urine or fecal specimens; 

(17) take and record blood pressure if a registered nurse has determined and documented staff to be competent to 
perform this task; 

(18) apply and remove or assist with applying and removing prosthetic devices for stable residents if a registered 
nurse, licensed physical therapist or licensed occupational therapist has determined and documented staff to be 
competent to perform the task; and 



10:21 NORTH CAROLINA REGISTER February 1, 1996 2735 



TEMPORARY RULES 



(19) app ly or assist with applying ace bandages, TED's and binders for stable residents if a registered nurse has 

determined and documented staff to be competent to perform the task. 
£i} For the purposes of this Rule, special health-related personal care tasks are as follows: 

(1) assist with feeding residents with swallowing difficulty^ 

(2) assist with gait training using assistive devices: 

(3) assist with or perform range of motion exercises: 

(4) empty and record drainage of catheter bag: 

(5) administer enemas: 

(6) bowel and bladder retraining to regain continence: 

(7) test urine or fecal specimens: 

(8) use of physical or mechanical devices attached to or adjacent to the resident which restrict movement or access 
to one's own body used to restrict movement or enable or enhance functional abilities: 

(9) non-sterile dressing procedures: 

(10) force and restrict fluids: 

(11) apply prescribed heat therapy; 

(12) care for non-infected pressure ulcers: and 

(13) vaginal douches. 

History Note: Authority G.S. 131D-2; 131D-4.3; 143B-153; 
Temporary Adoption Eff. January 1, 1996. 

.1411 TRAINING PROGRAM CONTENT AND APPROVAL 

(a) The 40-hour training specified in Rule .1410 of this Subchapter shall consist of at least 20 hours of classroom 
instruction, and the remaining hours shall be supervised practical experience. Competency evaluation shall be conducted 
in each of the following areas: 

(1) basic nursing skills: 

(2) personal care skills: 

(3) cognitive, behavioral and social care, including mental disabilities: 

(4) basic restorative services: and 

(5) residents' rights as established by G.S. 131D-21. 

(b) The 75-hour training specified in Rule .1410 of this Subchapter shall consist of at least 30 hours of classroom 
instruction and at least 30 hours of supervised practical experience. Competency evaluation shall be conducted in each of 
the following areas: 

(1) observation and documentation: 

(2) basic nursing skills, including special health-related tasks: 

(3) personal care skills: 

(4) cognitive, behavioral and social care, including mental disabilities: 

(5) basic restorative services: and 

(6) residents' rights as established by G.S. 131D-21. 

("c) The curriculum, number of hours for each content area, instructor qualifications, sites for classroom instruction and 
supervised practical experience, and plans for competency evaluation and documentation for the 40-hour and 75-hour training 
programs shall be submitted to the Department for approval. 

History Note: Authority G.S. 131D-2; 131D-4.3; 143B-153; 
Temporary Adoption Eff. January 1, 1996. 

SECTION .1800 - REMAINING POLICIES AND REGULATIONS 

.1827 RESIDENT ASSESSMENT 

10 NCAC 42C .3701 shall control for this Subchapter. 

History Note: Authority G.S. 131D-2; 131D-4.3; 143B-153; 
Temporary Adoption Eff. January 1, 1996. 

.1828 RESIDENT CARE PLAN 

10 NCAC 42C .3702 shall control for this Subchapter. 



2736 NORTH CAROLINA REGISTER February 1, 1996 10:21 



i 



i 



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TEMPORARY RULES 



History Note: Authority G.S. 131D-2; 131D-4.3; 143B-153; 
Temporary Adoption Eff. January 1, 1996. 

.1829 LICENSED HEALTH PROFESSIONAL SUPPORT 

10 NCAC 42C .3703 shall control for this Subchapter. 

History Note: Authority G.S. 131D-2; 131D-4.3; 143B-153; 
Temporary Adoption Eff. January 1 , 1996. 

.1830 COOPERATION WITH CASE MANAGERS 

10 NCAC 42C .3704 shall control for this Subchapter. 

History Note: Authority G.S. 131D-2; 131D-4.3; 143B-153; 
Temporary Adoption Eff. January 1, 1996. 



TITLE 15A - DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES 

NOTE: This Temporary Rule was notice in the Register (10:15 NCR 1551) prior to December 1, 1995. This temporary rule 
follows the rulemaking process in effea at the time of the initial notice which did not require a notice of rulemaking 
proceedings. 



N 



otice is hereby given in accordance with G.S. 150B-21.2(c) that the NC Marine Fisheries Commission intends to adopt 
rule cited as 15 A NCAC 31 .0019. 



Proposed Effective Date for the Permanent Rule: June 1, 1996 

Effective Date of the Temporary Rule: February 1 , 1996 

Findings Reviewed by the Codifier of Rules: Approved 

A Public Hearing will be conducted at 7:00 p.m. on February 20, 1996 at the Craven County Superior Courtroom, Comer 
of Board & Craven Streets, New Bern, NC 

Reason for Proposed Action: Adoption of this rule will establish procedures for closing waters when necessary because of 
dangers or risks to public health or safety. 

Comment Procedures: Comments and statements, both written and oral, may be presented at the hearing. Written 
comments are encouraged and may be submitted to the Marine Fisheries Commission, P.O. Box 769, Morehead City, NC 
28557. These written and oral comments must be received no later than 10:30 a. m. March 18, 1996. Oral presentation 
lengths may be limited, depending on the number of people that wish to speak at the public hearing. 

Fiscal Note: This Rule does not affect the expenditures or revenues of state or local government funds. 

CHAPTER 3 - MARINE FISHERIES 

SUBCHAPTER 31 - GENERAL RULES 

.0019 PROHIBITED FISHING ACTIVITY 

DUE TO PUBLIC HEALTH OR SAFETY 

£a) It is unlawful to possess, sell, or take fish by any method or use any fishing equipment in areas of coastal waters that 
are closed to fishing by the Marine Fisheries Commission because the areas are determined to pose a public health or safety 
risk by the State Health Director. 

(b) After prior consent of the Marine Fisheries Commission the Fisheries Director may, by proclamation, prohibit or 
restrict the taking of fish by any method and the use of any fishing equipment in areas of coastal waters that are the subject 
of warnings or advisories by the State Health Director concerned with dangers or risks to public health or safety. Criteria 
to be considered for deciding when closures are necessary and when to reopen areas are as follows: 



10:21 NORTH CAROLINA REGISTER February 1, 1996 2737 



TEMPORARY RULES 



(1) Pfiesteria piscicida outbreaks: 

(A) Closing fisheries: 

(i) Kills: Active fish kills observed for six continuous days. 

(ii) Disease: Disease event observed, with fish showing bleeding ulcerations for six continuous days. 

(iii) Pfiesteria piscicida: Toxic flagellated and amoeboid stages at concentrations of greater than 300 cells per 
mL in kill areas while fish are dying (if laboratory capability is available). [Note: Basis -more than 100 
confirming bioassays of Pfiesteria toxicity, together with supporting field datal. 

(B) Opening Fisheries: 

(i) Kills: No active fish kills observed and no documented schools of fish in a pparent distress for six 

continuous days. 
(ii) Disease: No disease event of fish showing bleeding ulcerations of six continuous days, 
(iii) Pfiesteria piscicida: Toxic flagellated and amoeboid stages at concentrations of less than 200 cells per ml. 
following a kill/disease event [if laboratory capability is available] . [Note: Basis ; more than 100 
confirming bioassays of Pfiesteria toxicity, together with supporting field datal. 
(iv) Biological sampling indicating that the kill or disease event has passed, interpreted through the following 
information: 
(I) Sampling of affecting area and/or established monitoring sites, using appropriate sampling gear. 
(II) Observations of catch by fishing gear that may be set or used in the area. 

(HI) Species diversity and abundance that has returned to normal levels for the area and season when 
compared to historic data, if available. 

(2) Other Environmental Events: 

(A) Closing fisheries: 

State Health Director determines there is a public health or safety risk. 

(B) Opening fisheries: 

State Health Director determines a public health or safety risk no longer exists. 



f 



History Note: Authority G.S. 113-134; 113-182; 113-221; 143B-289.4; 
Temporary Adoption Eff. February 1 , 1996. 



TITLE 18 - SECRETARY OF STATE 

Rule-making Agency: NC Boxing Commission 

Rule Citation: 18 NCAC 9 .0109 

Effective Date: January 1 , 1996 

Findings Reviewed by the Codifier of Rules: Approved 

Statutory Authority for the rulemaking: G.S. 143-652 

Reason for Proposed Action: The North Carolina State Boxing Commission becomes effective on January 1, 1996. The 
Commission members have already been appointed by Governor Hunt, President Pro Tempore Basnight of the Senate, and 
House Speaker Brubaker. In order for regulated boxing to begin in North Carolina on January 1 , 1996 according to House 
Bill 555 ratified in the last session of the General Assembly, rules and guidelines must be in place in order to go by. 
Permanent rules will not be in effect until April 1 . 1996. 

Comment Procedures: The Division will accept written comments up until 5:00 p. m. on March 4, 1996 at the Secretary 
of State's Office, 300 N. Salisbury Street, Raleigh. NC 27603-5909. 

CHAPTER 9 - NC BOXING COMNflSSION 

SECTION .0100 - PURPOSE 

.0109 TOUGHMAN MATCH 

2738 NORTH CAROLINA REGISTER February 1, 1996 10:21 



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TEMPORARY RULES 



(a) For the purposes of this Section, "toughman match" means a match in which the contestants lack training in boxing 
skills. Such contestants engage in the use of boxing techniques (using fists only) specifically authorized by G.S. 143. Article 
68 and where the object is to win by decision, knockout (KO). or technical knockout (TKO). 

(b) Contestants and officials shall comply with the rules as described under Rule .0104 of this Section, except for the 
following exceptions and/or additional rules: 

(1) Each contest is limited to three one-minute rounds. 

(2) There shall be four weight classifications: Ughtweight (up to 145 Ibs.^: middleweight (145 lbs, to 165 lbs.); light 
heavyweight (165 lbs, to 185 lbs.); and heavyweight (185 lbs, and over). 

(3) Boxing gloves weighing a minimum of 16 ounces shall be worn by all contestants. 

(4) Headgear, provided by the promoter, must be worn by all contestants. 

(5) The seconds must use clean towels and mouth pieces for each match. 

(6) All equipment must pass the inspection of the referee and/or the Commission representative. 

(7) A contestant shall not participate in more than four matches in the same calendar day. The ringside physician 
shall check and record a contestant's blood pressure prior to each match. 

(8) A contestant shall not be allowed to compete in a toughman match if he has: 

(A) been a competitor in professional boxing or kickboxing. including trainers and sparring partners. 

(B) been a competitor in more than five amateur boxing, kickboxing. or toughman matches, or more than five of 
any combination of amateur boxing, kickboxing. or toughman matches. 

(9) Competing for, or winning a prize in a toughman contest does not, in itself, make the contestant a professional 
within the scope of these Rules. 

(10) The Commission realizes and agrees that some contestants will be late entrants, and that such contestant 
information and license appUcations wUl not be available before the weigh-in. The time and place of the weigh-in 
will be determined by the Commission representative. 



History Note: Authority G.S. 143-652; 

Temporary Adoption Eff. January 1, 1996. 



TITLE 21 - OCCUPATIONAL LICENSING BOARDS 

CHAPTER 63 - NC CERTIFICATION BOARD SOCIAL WORK 

Rule-making Agency: NC Certification Board Social Work 

Rule Citation: 21 NCAC 63 .0306 

Effective Date: January 1, 1996 

Findings Reviewed by the Codifier of Rules: Approved 

Statutory Authority for the rule-making: G.S. 90B-6(f); S.L. 1995, c. 344 

Reason for Proposed Action: Amends rule to comply with S.L. 1995, c. 344; G.S. 90B-(f) as amended. 

Comment Procedures: Wrinen comments will be accepted at NCCSBW, PO Box 1043, Asheboro, NC 27204, Attn: W. F. 
Morrison, until April 1, 1996. 

SECTION .0300 - EXAMINATIONS 

.0306 EXAMINATION FEES 

(a) An examination fee of ono hundred dollars ($100. (X)) fifteen dollars ($15.00) plus the cost of the examination to the 
Board will be assessed for administration and processing of any written examination. 

(b) An applicant who fails to appear for an examination shall be assessed a fee of on e hundr e d dollaro ($100.(X)) fifteen 
dollars ($15.00) plus the cost of the examination to the Board in order to take the examination at a later date. 



History Note: Authority G.S. 90B-6; 
Eff. August 1, 1987; 



10:21 NORTH CAROLINA REGISTER February 1, 1996 2739 



TEMPORARY RULES 



Amended Eff. September 1 , 1993; 
Temporary Amendment Eff. January 1 , 1996. 



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2740 



NORTH CAROLINA REGISTER 



February 1, 1996 



10:21 



RULES REVIEW COMMISSION 



\ 



1 his Section contains a listing of the rules to be reviewed by the Rules Review Commission (RRC) at the next meeting 
date as noted, and rules that RRC has objected to in accordance with G.S. 150B-21.9(a). State agencies are required 
to respond to RRC objections as provided in G.S. 150B-21. 12(a). 



RULES REVIEW COMMISSION MEMBERS 



Appointed by Senate 

Marvea D. Francis 

Teresa L. Smallwood 

Charles H. Henry 

Philip O. Redwine - Vice Chairman 



Appointed by House 

Vemice B. Howard 

Jennie J. Hayman - Chairman 

Bill Graham 

Ed Shelton 



LOG OF FILINGS 
MEETING DATE: FEBRUARY 15, 1996 

RULES SUBMITTED: DECEMBER 20, 1995 THROUGH JANUARY 20, 1996 



\ 



^ 



AGENCY/DIVISION RULE NAME 


RULE CITATION ACTION 




DHR/DIVISION OF FACILITY SERVICES 






Definitions 


10 NCAC 3R .2002 


Amend 


Capacity 


10 NCAC 3R .2004 


Repeal 


Scope of Services 


10 NCAC 3R .2005 


Repeal 


Projected Utilization 


10 NCAC 3R .2006 


Repeal 


Site 


10 NCAC 3R .2007 


Repeal 


Staffing 


10 NCAC 3R .2008 


Repeal 


Information Required 


10 NCAC 3R .2012 


Adopt 


Performance Standards 


10 NCAC 3R .2013 


Adopt 


Staffing 


10 NCAC 3R .2014 


Adopt 


DEPARTMENT OF INSURANCE 






General Information 


11 NCAC 6 A .0201 


Amend 


NC Notice of Cancellation 


11 NCAC 6 A .0217 


Amend 


Appointment of N.C. Agent 


1 1 NCAC 6A .0225 


Amend 


Termination 


1 1 NCAC 6A .0226 


Amend 


Corporate Surplus Lines 


1 1 NCAC 6A .0235 


Amend 


Application 


1 1 NCAC 6A .0236 


Amend 


Responsibility of Applicant 


1 1 NCAC 6A .0304 


Amend 


General Requirements 


11 NCAC 6 A .0701 


Amend 


Prelicensing Education 


1 1 NCAC 6A .0702 


Amend 


Program Directors 


1 1 NCAC 6A .0703 


Amend 


Courses 


11 NCAC6A .0704 


Amend 


Instructors 


11 NCAC6A .0705 


Amend 


Use of Master Trust 


11 NCAC UB .0141 


Amend 


Administration 


11 NCAC IIB .0602 


Amend 


Group Assessments 


11 NCAC UB .0617 


Adopt 


Custodial And Fiscal Agency 


11 NCAC lie .0112 


Amend 


Ten-Day Notice 


11 NCAC 13 .0317 


Amend 


Filing and Payment 


11 NCAC 14 .0705 


Amend 


DEHNR/MARINE FISHERIES COMMISSION 






I living Devices Unattended 


15A NCAC 31 .0005 


Amend 


Disposal of Evidence 


15A NCAC 31 .0018 


Adopt 


Gill Nets 


15A NCAC 3J .0103 


Amend 









10:21 



NORTH CAROLINA REGISTER 



February 1, 1996 



2741 



RULES REVIEW COMMISSION 



Pound Nets 


15A NCAC 3J .0107 


Amend 


Atlantic Ocean 


ISA NCAC 3J .0202 


Amend 


Crab, Eel, Fish and Shrimp Pots 


15A NCAC 3J .0301 


Amend 


Fishing Gear Restrictions 


15A NCAC 3J .0402 


Adopt 


Permits for Planting 


15A NCAC 3K .0104 


Amend 


Non-Commercial Harvest 


ISA NCAC 3K .0105 


Amend 


Open Season 


ISA NCAC 3K .0201 


Amend 


Size Limit 


ISA NCAC 3K .0202 


Amend 


American Lobster 


ISA NCAC 3L .0301 


Amend 


Spiny Lobster 


ISA NCAC 3L .0302 


Amend 


Season, Size and Harvest Limit 


ISA NCAC 3M .0202 


Amend 


Season, Size and Harvest Limit 


ISA NCAC 3M .0204 


Amend 


Harvest Limit 


ISA NCAC 3M .0301 


Amend 


Red Drum 


ISA NCAC 3M .0501 


Amend 


Flounder 


ISA NCAC 3M .0503 


Amend 


Trout 


ISA NCAC 3M .0504 


Amend 


Snapper/Grouper 


ISA NCAC 3M .0506 


Amend 


Recreational Fishing Restrictions 


ISA NCAC 3M .0507 


Amend 


Bluefish 


ISA NCAC 3M .0511 


Amend 


Compliance with Fishery 


ISA NCAC 3M .0512 


Adopt 


Primary Nursery Areas 


ISA NCAC 3R .0003 


Amend 


Permanent Secondary Nursery Areas 


ISA NCAC 3R .0004 


Amend 


Special Secondary Nursery Areas 


15A NCAC 3R .0005 


Amend 


Designated Pot Areas 


ISA NCAC 3R .0007 


Amend 



DEHNRAVILDLIFE RESOURCES COMMISSION 

Shining Lights in Deer Areas 



ISA NCAC lOB .0115 



Amend 



SECRETARY OF STATE 








Administration 


18 NCAC 4 


.0102 


Amend 


Tender of Fees 


18 NCAC 4 


.0201 


Amend 


Invoices 


18 NCAC 4 


.0203 


Amend 


Overpayment 


18 NCAC 4 


.0205 


Amend 


Documents not Specifically Provided 


18 NCAC 4 


.0206 


Amend 


Execution 


18 NCAC 4 


.0302 


Amend 


Rejection 


18 NCAC 4 


.0303 


Amend 


Identification 


18 NCAC 4 


.0304 


Amend 


Corrective Filings 


18 NCAC 4 


.0305 


Amend 


Incorporation by Reference 


18 NCAC 4 


.0306 


Amend 


Application 


18 NCAC 4 


.0307 


Amend 


Registered Office 


18 NCAC 4 


.0308 


Amend 


Articles of Merger 


18 NCAC 4 


.0311 


Amend 


Application for Certificate 


18 NCAC 4 


.0312 


Repeal 


Filing Merger 


18 NCAC 4 


.0313 


Repeal 


Filing Evidence 


18 NCAC 4 


.0314 


Repeal 


Form for Annual Report 


18 NCAC 4 


.0316 


Amend 


Authorization 


18 NCAC 4 


.0317 


Adopt 


Authorization 


18 NCAC 4 


.0318 


Adopt 


Documents 


18 NCAC 4 


.0401 


Amend 


Documents 


18 NCAC 4 


.0402 


Amend 


General 


18 NCAC 4 


.0501 


Amend 


Words Prohibited 


18 NCAC 4 


.0502 


Amend 


Deceptively Similar Names 


18 NCAC 4 


.0503 


Amend 


Filing Fictitious Name 


18 NCAC 4 


.0504 


Amend 


Location and Hours 


18 NCAC 5 


.0101 


Amend 


Forms 


18 NCAC 5 


.0203 


Amend 


Fees 


18 NCAC 5 


.0204 


Amend 



2742 



NORTH CAROLINA REGISTER 



February 1, 1996 



10:21 



RULES REVIEW COMMISSION 



\ 



Continuations 


18 NCAC 5 .0205 


Amend 


Termination 


18 NCAC 5 .0206 


Amend 


Filing by Mail 


18 NCAC 5 .0207 


Amend 


Over the Counter Filings 


18 NCAC 5 .0208 


Amend 


Refunds 


18 NCAC 5 .0209 


Amend 


Over the Counter Searches 


18 NCAC 5 .0304 


Repeal 


Fees 


18 NCAC 5 .0305 


Amend 


Telephone Request 


18 NCAC 5 .0404 


Repeal 


Application 


18 NCAC 6 .1402 


Amend 


Purpose 


18 NCAC 6 .1601 


Amend 


Procedure for Application 


18 NCAC 6 .1602 


Amend 


Obtaining Certificates 


18 NCAC 6 .1604 


Amend 


Reporting Requirement 


18 NCAC 6 .1605 


Repeal 


Forms 


18 NCAC 6 .1607 


Amend 


Instructors 


18 NCAC 7 .0302 


Amend 


NC BOARD OF DIETETICS/NUTRITION 






Definitions 


21 NCAC 17 .0101 


Amend 


Requirement for License 


21 NCAC 17 .0102 


Amend 


Applications 


21 NCAC 17 .0104 


Amend 


Provisional License 


21 NCAC 17 .0107 


Amend 


Fees 


21 NCAC 17 .0113 


Amend 


Code of Ethics 


21 NCAC 17 .0114 


Amend 


Definitions 


21 NCAC 17 .0301 


Adopt 


Requirements 


21 NCAC 17 .0302 


Adopt 


Supervision 


21 NCAC 17 .0303 


Adopt 


Records and Reports 


21 NCAC 17 .0304 


Adopt 


Individuals Aiding Practice 


21 NCAC 17 .0401 


Adopt 


Individuals Providing Nutrition 


21 NCAC 17 .0402 


Adopt 


NC MARRUGE AND FAMn Y THERAPY LICENSURE BOARD 




Address 


21 NCAC 31 .0102 


Amend 


Fees 


21 NCAC 31 .0104 


Amend 


Credentials 


21 NCAC 31 .0201 


Amend 


Review Procedure 


21 NCAC 31 .0202 


Amend 


Issuance of License 


21 NCAC 31 .0203 


Amend 


Written Exam 


21 NCAC 31 .0301 


Amend 


Reporting of Scores 


21 NCAC 31 .0302 


Amend 


First Reexam 


21 NCAC 31 .0303 


Amend 


Subsequent Reexam 


21 NCAC 31 .0304 


Adopt 


Licensure Renewal Form 


21 NCAC 31 .0401 


Amend 


Second Notice 


21 NCAC 31 .0402 


Repeal 


Reinstatement 


21 NCAC 31 .0403 


Adopt 


Return 


21 NCAC 31 .0404 


Adopt 


Appropriate Course 


21 NCAC 31 .0501 


Amend 


Approved Supervision 


21 NCAC 31 .0502 


Amend 


Equivalency 


21 NCAC 31 .0503 


Amend 


Alternative to Clinical Practicum 


21 NCAC 31 .0504 


Amend 


Non-Degree 


21 NCAC 31 .0505 


Amend 


Supervised Clinical Practicum 


21 NCAC 31 .0506 


Adopt 


Responsibility 


21 NCAC 31 .0601 


Repeal 


Competence 


21 NCAC 31 .0602 


Repeal 


Integrity 


21 NCAC 31 .0603 


Repeal 


Confidentiality 


21 NCAC 31 .0604 


Repeal 


Professional Responsibility 


21 NCAC 31 .0605 


Repeal 


Professional Development 


21 NCAC 31 .0606 


Repeal 


Research Responsibility 


21 NCAC 31 .0607 


Repeal 



10:21 



NORTH CAROLINA REGISTER 



February 1, 1996 



2743 



RULES REVIEW COMMISSION 



Social Responsibility 


21 NCAC 31 


.0608 


Repeal 


Ethical Principles 


21 NCAC 31 


.0609 


Adopt 


Requirements 


21 NCAC 31 


.0701 


Adopt 


Marriage and Family Therapy 


21 NCAC 31 


.0801 


Adopt 


Reciprocal License 


21 NCAC 31 


.0901 


Adopt 


NC STATE BOARD OF EXAMINERS OF FEE-BASED PRACTICING PASTORAL COUNSELORS 


Address 


21 NCAC 45 


.0101 


Adopt 


Information Required 


21 NCAC 45 


.0201 


Adopt 


Review Procedure 


21 NCAC 45 


.0202 


Adopt 


Issuance of Certificate 


21 NCAC 45 


.0203 


Adopt 


Types 


21 NCAC 45 


.0301 


Adopt 


Reporting of Scores 


21 NCAC 45 


.0302 


Adopt 


Re-Examination 


21 NCAC 45 


.0303 


Adopt 


Certification Renewal Form 


21 NCAC 45 


.0401 


Adopt 


Second Notice 


21 NCAC 45 


.0402 


Adopt 


Continuing Education 


21 NCAC 45 


.0501 


Adopt 


Equivalency 


21 NCAC 45 


.0601 


Adopt 


Issuance of Temporary Cert. 


21 NCAC 45 


.0701 


Adopt 


Types of Supervision 


21 NCAC 45 


.0802 


Adopt 


Requirements 


21 NCAC 45 


.0901 


Adopt 


Code of Ethics 


21 NCAC 45 


.1001 


Adopt 


NC REAL ESTATE CONEVnSSION 










Equivalent Credit 


21 NCAC 58A .1708 


Amend 


Continuing Education 


21 NCAC 58A .1711 


Amend 


Application 


21 NCAC 58E .0303 


Amend 


STATE PERSONNEL COMMISSION 










Content and Procedure 


25 NCAC 


IB 


.0201 


Amend 


Additional Information 


25 NCAC 


IB 


.0203 


Amend 


Presentations 


25 NCAC 


IB 


.0204 


Amend 


Oral Presentations 


25 NCAC 


IB 


.0205 


Amend 


Acknowledgement 


25 NCAC 


IB 


.0206 


Amend 


Written Submissions 


25 NCAC 


IB 


.0207 


Amend 


Requests 


25 NCAC 


IB 


.0213 


Amend 


Situations 


25 NCAC 


IB 


.0414 


Amend 


Causes for Reinstatement 


25 NCAC 


IB 


.0431 


Amend 


Appeal 


25 NCAC 


IB 


.0437 


Amend 


Establishement 


25 NCAC 


IB 


.0438 


Adopt 


Continuances 


25 NCAC 


IB 


.0439 


Adopt 


Personnel Changes 


25 NCAC 


IC 


.0412 


Amend 


Appointment Ended 


25 NCAC 


ID 


.0520 


Adopt 


Policy 


25 NCAC 


ID 


.2301 


Repeal 


Eligibility 


25 NCAC 


ID 


.2302 


Repeal 


Eligibility 


25 NCAC 


ID 


.2303 


Repeal 


Administration 


25 NCAC 


ID 


.2304 


Repeal 


Documentation 


25 NCAC 


ID 


.2305 


Repeal 



RULES REVIEW OBJECTIONS 
COMMUNITY COLLEGES 

Community Colleges 

23 NCAC 2C .0301 - Admission to Colleges 



RRC Objection 



12/21/95 



2744 



NORTH CAROLINA REGISTER 



February I, 1996 



10:21 



RULES REVIEW COMMISSION 



Agency Revised Rule 
ENVIRONMENT, HEALTH, AND NATURAL RESOURCES 
Adult Health 

15A NCAC 16A . 1002 - Covered Medications 

Agency Revised Rule 
15A NCAC 16A . 1005 - Application Process 

Agency Revised Rule 

Coastal Management 

15A NCAC 7B .0101 - Purpose 

Agency Revised Rule 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
15A NCAC 7B .0201 - Contents of the Land Use Plan 

Agency Revised Rule 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
15A NCAC 7B .0204 - Goals and Objectives 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
15A NCAC 7B .0206 - Data Collection and Analysis 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
15A NCAC 7B .0207 - Present Conditions 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
15 A NCAC 7B .0210 - Constraints 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
15A NCAC 7B .0211 - Estimated Demands 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
15 A NCAC 78 .0212 - Policy Statements 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
15A NCAC 7B .0213 - Land Classification 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
15A NCAC 7B .0215 - Public Participation 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
15 A NCAC 7B .0401 - Land Use Plan Amendment 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
15A NCAC 7B .0402 - Public Hearing Required 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
15A NCAC 7B .0501 - Update Required 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 

Environmental Health 



Obj. Removed 



12/21/95 



RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 



RRC Objection 
Obj. Cont'd 



RRC Objection 
Obj. Cont'd 



Eff 



RRC Objection 



Eff 



Eff 



RRC Objection 



RRC Objection 



Eff 



Eff 



RRC Objection 



RRC Objection 



Eff 



RRC Objection 



Eff 



RRC Objection 



Eff 



Eff 



RRC Objection 



RRC Objection 



Eff 



RRC Objection 



Eff 



Eff 



RRC Objection 



Eff 



12/21/95 
12/21/95 
12/21/95 
12/21/95 



12/21/95 
12/21/95 
01/16/96 
02/01/96 
12/21/95 
12/21/95 
01/16/96 
02/01/96 
12/21/95 
01/16/96 
02/01/96 
12/21/95 
01/16/96 
02/01/96 
12/21/95 
01/16/96 
02/01/96 
12/21/95 
01/16/96 
02/01/96 
12/21/95 
01/16/96 
02/01/96 
12/21/95 
01/16/96 
02/01/96 
12/21/95 
01/16/96 
02/01/96 
12/21/95 
01/16/96 
02/01/96 
12/21/95 
01/16/96 
02/01/96 
12/21/95 
01/16/96 
02/01/96 
12/21/95 
01/16/96 
02/01/96 



10:21 



NORTH CAROLINA REGISTER 



February 1, 1996 



2745 



RULES REVIEW COMMISSION 



15A NCAC 18A . 1809 - Lavatories and Baths 

Agency Revised Rule 
ISA NCAC 18A .1811 - Drinking Water Facilities 

Agency Revised Rule 
15A NCAC ISA . 1814 - Disposal of Garbage and Trash: Premises 

Agency Revised Rule 
15 A NCAC 18A . 1818 - Food Service 

Agency Revised Rule 



RRC 


' Objection 


12/21/95 


Obj. 


Removed 


12/21/95 


RRC 


' Objection 


12/21/95 


Obj. 


Removed 


12/21/95 


RRC 


' Objection 


12/21/95 


Obj. 


Removed 


12/21/95 


RRC 


' Objection 


12/21/95 


Obj. 


Removed 


12/21/95 



HUMAN RESOURCES 



Services for the Blind 



10 NCAC 19G .0501 - Benefits 

Agency Revised Rule 
10 NCAC 19G .0502 - Economic Needs Policies 

Agency Revised Rule 



RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 



12/21/95 
12/21/95 
12/21/95 
12/21/95 



Facility Services 



10 NCAC 3C .3001 - Definitions 

No Response from Agency 

Agency Revised Rule 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3C .3108 - Suspension of Admissions 

No Response from Agency 

Agency Revised Rule 
10 NCAC 3C .3205 - DLicharge of Minor or Incompetent 

No Response from Agency 

Agency Revised Rule 
10 NCAC 3C .3302 - Minimum Provisions of Patient's Bill of Rights 

No Response from Agency 

Agency Revised Rule 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3C .3502 - Bylaws 

No Response from Agency 

Agency Revised Rule 
10 NCAC 3C .3602 - Responsibilities 

No Response from Agency 

Agency Revised Rule 
10 NCAC 3C .3603 - Personnel Policies and Practices 

No Response from Agency 

Agency Revised Rule 
10 NCAC 3C .3607 - Personnel Health Requirements 

No Response from Agency 

Agency Revised Rule 
10 NCAC 3C .3608 - Insurance 

No Response from Agency 

Agency Revised Rule 
10 NCAC 3C .3704 - Status 

No Response from Agency 

Agency Revised Rule 
10 NCAC 3C .3902 - Manager 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3C .3904 - Patient Access 



RRC 


' Objection 


07/13/95 


Obj. 


Cont'd 


09/21/95 


Obj. 


Cont'd 


10/18/95 




Eff 


01/01/96 


RRC 


' Objection 


07/13/95 


Obj. 


Cont 'd 


09/21/95 


Obj. 


Removed 


10/18/95 


RRC 


' Objection 


07/13/95 


Obj. 


Cont 'd 


09/21/95 


Obj. 


Removed 


10/18/95 


RRC 


' Objection 


07/13/95 


Obj. 


Cont'd 


09/21/95 


Obj. 


Cont 'd 


10/18/95 




Eff 


01/01/96 


RRC 


' Objection 


07/13/95 


Obj. 


Cont 'd 


09/21/95 


Obj. 


Removed 


10/18/95 


RRC 


' Objection 


07/13/95 


Obj. 


Cont 'd 


09/21/95 


Obj. 


Removed 


10/18/95 


RRC 


' Objection 


07/13/95 


Obj. 


Cont 'd 


09/21/95 


Obj. 


Removed 


10/18/95 


RRC 


' Objection 


07/13/95 


Obj. 


Cont 'd 


09/21/95 


Obj. 


Removed 


10/18/95 


RRC 


' Objection 


07/13/95 


Obj. 


Cont 'd 


09/21/95 


Obj. 


Removed 


10/18/95 


RRC 


' Objection 


07/13/95 


Obj. 


Cont'd 


09/21/95 


Obj. 


Removed 


10/18/95 


RRC 


' Objection 


07/13/95 


Obj. 


Cont'd 


09/21/95 
10/18/95 




Eff 


01/01/96 


RRC 


' Objection 


07/13/95 



2746 



NORTH CAROLINA REGISTER 



February 1, 1996 



10:21 



RULES REVIEW COMMISSION 



No Rfsponsf from Afifmy 

.\^en(.y ReviseJ Rule 
10 NCAC JC .400 J - Policies and Procedures 

No Response from Agency 

Agemi,' Revised Rule 
10 NCAC JC .4102 - Classification of Optional Emergency Serx'ices 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3C .4104 - Medical Director 

No Response from .'igency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC JC .420 J - Nursing Staff 

No Response from .igency 

Rule Returned to .Agency- 
Agency Filed Rule for Codification Over RRC Objection 
10 NCAC JC .4J0J - Nursing Sen ices Maternal Ser\ices 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC JC .4J07 - Nursing Staff' of Neonatal Ser\ices 

No Response from .Agency 

Rule Returned to .Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC JC .4401 - Organization 

No Response from Agency 

Rule Returned to .Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC JC .4502 - Phurmacist 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC JC 450S - Space 

RRC Rescinded its July .Approval 

Rule Withdrawn hy Agency 
10 NCAC JC .4512 - Medications Dispensed 

No Response from .Agency 

.Agency Revised Rule 
10 NCAC JC .4702 - Organization 

No Response from Agency 

Rule Returned to .Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC JC .470J - Sanitation and Safety 

No Response from .Agency- 
Agency Re\Lsed Rule 
10 NCAC JC .4704 - Distribution of Food 

No Response from Agenc-y 

.Agency Re\-ised Rule 
10 NCAC JC .4705 - Nutritional Support 

No Response from Agency 

Rule Returned to Agency- 
Agency Filed Rule for Codification Over RRC Objection 
10 NCAC JC .4301 - Organization 

No Response from Agency- 
Rule Returned to Agency- 
Agency Filed Rule for Codification Over RRC Objection 



Ohj. Cont'd 




09/21/95 


Ohj. Removed 




10/18/95 


RRC Ohjection 




07/IJ/95 


Ohj. Cont'd 




09/21/95 


Ohj. Removed 




10/18/95 


RRC Ohjection 




07/IJ/95 


Ohj. Cont'd 




09/21/95 
10/18/95 




m- 


01/01/96 


RRC Ohjection 




07/IJ/95 


Ohj. Cont'd 




09/21/95 
10/18/95 




Eff 


01/01/96 


RRC Ohjection 




07/IJ/95 


Ohj. Cont'd 




09/21/95 
10/18/95 




Eff. 


01/01/96 


RRC Objecticm 




07/IJ/95 


Ohj. Ccmt'd 




09/21/95 
10/18/95 




Eff. 


01/01/96 


RRC Ohjection 




07/IJ/95 


Ohj. Cont'd 




09/21/95 
10/18/95 




Eff. 


01/01/96 


RRC Ohjection 




07/ 1 J/95 


Ohj. Cont'd 




09/21/95 
10/18/95 




Eff 


01/01/96 


RRC Ohjection 




07/1J/95 


Ohj. Cont'd 




09/21/95 
10/18/95 




Eff 


01/01/96 

10/18/95 
10/18/95 


RRC Ohjection 




07/1J/95 


Ohj. Cont'd 




09/21/95 


Ohj. Removed 




10/18/95 


RRC Objection 




07/1J/95 


Obj. Cont'd 




09/21/95 
10/18/95 




Eff 


01/01/96 


RRC Ohjection 




07/1J/95 


Obj. Cont'd 




09/21/95 


Obj. Removed 




10/18/95 


RRC Objection 




07/13/95 


Obj. Cont'd 




09/21/95 


Obj. Removed 




10/18/95 


RRC Objection 




07/13/95 


Obj. Cont'd 




09/21/95 
10/18/95 




Eff 


01/01/96 


RRC Objection 




07/13/95 


Obj. Cont'd 




09/21/95 
10/18/95 




Eff. 


01/01/96 









10:21 



NORTH CAROLINA REGISTER 



February 1, 1996 



2747 



RULES REVIEW COMMISSION 



10 NCAC 3C .4905 - Tissue Removal and Disposal 

No Response from Agency 

Agency Revised Rule 
10 NCAC 3C .5002 - Delivery of Care 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3C .5201 - Psychiatric/Substance Abuse Svcs.: Applicability of Rules 

No Response from Agency 

Agency Revised Rule 
10 NCAC 3C .5202 - Definitions Applicable/Psychiatric/Substance Abuse Svcs. 

No Response from Agency 

Agency Revised Rule 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3C .5205 - Seclusion 

No Response from Agency 

Agency Revised Rule 
10 NCAC 3C .5302 - Definitions 

No Response from Agency 

Rule Withdrawn by Agency 
10 NCAC 3C .5309 - Nursing/Health Care Administration and Supervision 

No Response from Agency 

Rule Withdrawn by Agency 
10 NCAC 3C .5315 - Dental Care 

No Response from Agency 

Rule Withdrawn by Agency 
10 NCAC 3C .5318 - Activities and Recreation 

No Response from Agency 

Rule Withdrawn by Agency 
10 NCAC 3C .5319 - Social Services 

No Response from Agency 

Rule Withdrawn by Agency 
10 NCAC 3C .5322 - Brain Injury Extended Care Physician Services 

No Response from Agency 

Rule Withdrawn by Agency 
10 NCAC 3C .5323 - Brain Injury Extended Care Program Requirements 

No Response from Agency 

Rule Withdrawn by Agency 
10 NCAC 3C .5324 - Special Nursing Req. Brain Injury Long Term Care 

No Response from Agency 

Rule Withdrawn by Agency 
10 NCAC 3C .5325 - Ventilator Dependence 

No Response from Agency 

Rule Withdrawn by Agency 
10 NCAC 3C .5326 - Physician Services for Ventilator Dependent Patients 

No Response from Agency 

Rule Withdrawn by Agency 
10 NCAC 3C .5403 - HIV Designated Unit Policies and Procedures 

No Response from Agency 

Rule Withdrawn by Agency 
10 NCAC 3C .5405 - Physician Services in a HFV Designated Unit 

No Response from Agency 

Rule Withdrawn by Agency 
10 NCAC 3C .5407 - Use of Investigational Drugs on the HfV Designated Unit 

No Response from Agency 

Rule Withdrawn by Agency 
10 NCAC 3C .5501 - Definitions 



RRC Objection 


07/13195 


Obj. Contd 


09/21/95 


Obj. Removed 


10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 




10/18/95 


Eff. 


01/01/96 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 


Obj. Removed 


10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 


Obj. Cont'd 


10/18/95 


Eff- 


01/01/96 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 


Obj. Removed 


10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 




10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 




10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 




10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 




10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 




10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 




10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 




10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 




10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 




10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 




10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 




10/18/95 


RRC Objeaion 


07/13/95 


Obj. Cont'd 


09/21/95 




10/18/95 


RRC Objeaion 


07/13/95 


Obj. Cont'd 


09/21/95 




10/18/95 


RRC Objection 


07/13/95 



2748 



NORTH CAROLINA REGISTER 



February 1, 1996 



10:21 



RULES REVIEW COMMISSION 



) 



No Response from Agency 

Rule Withdrawn by Agency 
10 NCAC 3C .5502 - Physician Reg. for Inpatient Rehab. Facilities or Units 

No Response from Agency 

Rule Withdrawn by Agency 
10 NCAC 3C .5507 - Comprehensive Rehabilitation Personnel Administration 

No Response from Agency 

Rule Withdrawn by Agency 
10 NCAC 3C .5508 - Comprehensive Inpatient Rehab. Program Staffing Req. 

No Response from Agency 

Rule Wtihdrawn by Agency 
10 NCAC 3C .5512 - Additional Req. for Traumatic Brain Injury Patients 

No Response from Agency 

Rule Withdrawn by Agency 
10 NCAC 3C .5513 - Additional Req. for Spinal Cord Injury Patients 

No Response from Agency 

Rule Withdrawn by Agency 
10 NCAC 3C . 6102 - List of Referenced Codes and Standards 

No Response from Agency 

Agency Revised Rule 
10 NCAC 3C .6208 - Obstetrical Department Requirements 

No Response from Agency 

Agency Revised Rule 
10 NCAC 3H .2001 - Definitions 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3H .2201 - Administrator 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3H .2202 - Admissions 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3H .2203 - Patients Not to be Admitted 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3H .2206 - Medical Director 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3H .2209 - Infection Control 

No Response from Agency 

Agency Revised Rule 
10 NCAC 3H .2212 - Quality Assurance Committee 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3H .2301 - Patient Assessment and Care Planning 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3H .2302 - Nursing Services 

No Response from Agency 

Rule Returned to Agency 



Obj. Cont'd 

RRC Objection 
Obj. Cont'd 

RRC Objection 
Obj. Cont'd 

RRC Objection 
Obj. Cont'd 

RRC Objection 
Obj. Cont'd 

RRC Objection 
Obj. Cont'd 

RRC Objection 
Obj. Cont'd 
Obj. Removed 
RRC Objection 
Obj. Cont'd 
Obj. Removed 
RRC Objection 
Obj. Cont'd 



Eff. 



RRC Objection 
Obj. Cont'd 



RRC Objection 
Obj. Cont'd 



Eff. 



RRC Objection 
Obj. Cont'd 



Eff. 



Eff 



RRC Objection 
Obj. Cont'd 



RRC Objection 
Obj. Cont'd 
Obj. Removed 
RRC Objection 
Obj. Cont'd 



Eff 



RRC Objection 
Obj. Cont'd 



Eff. 



RRC Objection 
Obj. Cont'd 



Eff. 



09/21/95 
10/18/95 
07/13/95 
09/21/95 
10/18/95 
07/13/95 
09/21/95 
10/18/95 
07/13/95 
09/21/95 
10/18/95 
07/13/95 
09/21/95 
10/18/95 
07/13/95 
09/21/95 
10/18/95 
07/13/95 
09/21/95 
10/18/95 
07/13/95 
09/21/95 
10/18/95 
07/13/95 
09/21/95 
10/18/95 
01/01/96 
07/13/95 
09/21/95 
10/18/95 
01/01/96 
07/13/95 
09/21/95 
10/18/95 
01/01/96 
07/13/95 
09/21/95 
10/18/95 
01/01/96 
07/13/95 
09/21/95 
10/18/95 
01/01/96 
07/13/95 
09/21/95 
10/18/95 
07/13/95 
09/21/95 
10/18/95 
01/01/96 
07/13/95 
09/21/95 
10/18/95 
01/01/96 
07/13/95 
09/21/95 
10/18/95 



10:21 



NORTH CAROLINA REGISTER 



February I, 1996 



2749 



RULES REVIEW COMMISSION 



Agency Filed Rule for Codification Over RRC Objection 

10 NCAC 3H .2308 - Domiciliary Home Personnel Requirements 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3H .2401 - Maintenance of Medical Records 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3H .2501 - Availability of Physician's Services 

No Response from Agency 

Rule Returned to Agency- 
Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3H .2505 - Brain Injury Long-Term Care Physician Services 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3H .2506 - Physician Services for Ventilator Dependent Patients 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3H .2601 - Availability of Pharmaceutical Services 

No Response from Agency 

Agency Revised Rule 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3H .2604 - Drug Procurement 

No Response from Agency 

Agency Revised Rule 
10 NCAC 3H .2605 - Drug Storage and Disposition 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3H .2606 - Pharmaceutical Records 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3H .2607 - Emergency Drugs 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3H .2701 - Provision of Nutrition and Dietetic Services 

No Response from Agency 

Agency Rex'ised Rule 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3H .2801 - Activity Serx'ices 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3H .2802 - Social Serxices 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3H .3002 - Quality of Specialized Rehabilitation Services 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3H .3003 - Ventilator Dependence 



RRC Objection 
Obj. Cont'd 



Eff. 



RRC Objection 
Obj. Cont'd 



Eff 



RRC Objection 
Obj. Cont'd 



Eff 



RRC Objection 
Obj. Cont'd 



Eff 



Eff 



RRC Objeaion 
Obj. Cont'd 



RRC Objeaion 
Obj. Cont'd 
Obj. Cont'd 

RRC Objeaion 
Obj. Cont'd 
Obj. Removed 
RRC Objeaion 
Obj. Cont'd 



Eff 



Eff 



Eff 



RRC Objeaion 
Obj. Cont'd 



Eff 



RRC Objeaion 
Obj. Cont'd 



Eff 



RRC Objeaion 
Obj. Cont'd 
Obj. Cont'd 

RRC Objeaion 
Obj. Cont'd 



Eff 



RRC Objeaion 
Obj. Cont'd 



Eff 



RRC Objection 
Obj. Cont'd 



Eff 



RRC Objeaion 



Eff 



01/01/96 

07/13/95 
09/21/95 
10/18/95 
01/01/96 
07/13/95 
09/21/95 
10/18/95 
01/01/96 
07/13/95 
09/21/95 
10/18/95 
01/01/96 
07/13/95 
09/21/95 
10/18/95 
01/01/96 
07/13/95 
09/21/95 
10/18/95 
01/01/96 
07/13/95 
09/21/95 
10/18/95 
01/01/96 
07/13/95 
09/21/95 
10/18/95 
07/13/95 
09/21/95 
10/18/95 
01/01/96 
07/13/95 
09/21/95 
10/18/95 
01/01/96 
07/13/95 
09/21/95 
10/18/95 
01/01/96 
07/13/95 
09/21/95 
10/18/95 
01/01/96 
07/13/95 
09/21/95 
10/18/95 
01/01/96 
07/13/95 
09/21/95 
10/18/95 
01/01/96 
07/13/95 
09/21/95 
10/18/95 
01/01/96 
07/13/95 



2750 



NORTH CAROLINA REGISTER 



February 1, 1996 



10:21 



RULES REVIEW COMMISSION 



) 



) 



No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3H .3004 - Brain Injury Long-Term Care 

No Response from Agency 

Agency Revised Rule 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3H .3005 - Special Nursing Req. for Brain Injury Long-Term Care 

No Response from Agency 

Agency Revised Rule 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3H .3011 - HIV Designated Unit Policies and Procedures 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Ride for Codification Over RRC Objection 
10 NCAC 3H .3012 - Physician Services in an HTV Designated Unit 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3H .3013 - Special Nursing Requirements for an HIV Designated Unit 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3H .3015 - Use of Investigational Drugs for HfV Designated Units 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3H .3016 - Additional Social Work Req. for HIV Designated Units 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3H .3021- Physician Req. for Inpatient Rehab. Facilities or Units 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3H .3027 - Comprehensive Inpatient Rehab. Program Staffing Req. 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3H .3031 - Additional Req. for Spinal Cord Injury Patients 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3H .3103 -Site 

No Response from Agency 

Agency Revised Rule 
10 NCAC 3H .3201 - Required Spaces 

No Response from Agency 

Agency Revised Rule 
10 NCAC 3H .3401 - Heating and Air Conditioning 

No Response from Agency 

Agency Revised Rule 
10 NCAC 3H .3404 - Other 

No Response from Agency 

Agency Revised Rule 



RRC has Objected on 07/13/95 to the Following Repeals in 10 NCAC 3C and 10 NCAC 3H: 



ObJ. Cont'd 




09/21/95 
10/18/95 




Eff 


01/01/96 


RRC Objection 




07/13/95 


ObJ. Cont'd 




09/21/95 


ObJ. Cont'd 




10/18/95 




Eff 


01/01/96 


RRC Objection 




07/13/95 


ObJ. Cont'd 




09/21/95 


ObJ. Cont'd 




10/18/95 




Eff 


01/01/96 


RRC Objection 




07/13/95 


ObJ. Cont'd 




09/21/95 
10/18/95 




Eff 


01/01/96 


RRC Objection 




07/13/95 


ObJ. Cont'd 




09/21/95 
10/18/95 




Eff. 


01/01/96 


RRC Objection 




07/13/95 


ObJ. Cont'd 




09/21/95 
10/18/95 




Eff 


01/01/96 


RRC Objection 




07/13/95 


ObJ. Cont'd 




09/21/95 
10/18/95 




Eff 


01/01/96 


RRC Objection 




07/13/95 


Obj. Cont'd 




09/21/95 
10/18/95 




Eff 


01/01/96 


RRC Objection 




07/13/95 


ObJ. Cont'd 




09/21/95 
10/18/95 




Eff 


01/01/96 


RRC Objection 




07/13/95 


ObJ. Cont'd 




09/21/95 
10/18/95 




Eff 


01/01/96 


RRC Objection 




07/13/95 


ObJ. Cont'd 




09/21/95 
10/18/95 




Eff 


01/01/96 


RRC Objection 




07/13/95 


ObJ. Cont'd 




09/21/95 


ObJ. Removed 




10/18/95 


RRC Objection 




07/13/95 


Obj. Cont'd 




09/21/95 


ObJ. Removed 




10/18/95 


RRC Objection 




07/13/95 


ObJ. Cont'd 




09/21/95 


ObJ. Removed 




10/18/95 


RRC Objection 




07/13/95 


ObJ. Cont'd 




09/21/95 


ObJ. Removed 




10/18/95 



10:21 



NORTH CAROLINA REGISTER 



February 1, 1996 



2751 



RULES REVIEW COMMISSION 



10 NCAC 3C .0101 - .0102. .0104 - .0110, .0201 - .0203. .0301 - .0307. .0401 - .0407, 
.0701 - .0708. .0801 - .0805. .0807. .0901 - .0917, .1001 - .1006. .1101 - .1102. .1201 - 
.1405. .1501 - .1508, .1510, .1601 - .1606, .1701 - .1717. .1801 - .1805, .2101 - .2105. 
No Response from Agency 

10 NCAC 3C .1901 - .1912, .1915 - .1932, .2001 - .2008, .2020 - .2033 

No Response from Agency 

Rules Returned to Agency 
10 NCAC 3H .0108 - .0109. .0206 - 0220. .0306 - .0318. .0407 - .0409, .0505 - .0507. 
.0705 - .0712, .0810 - .0812, .0903 - .0911. .1003 - .1008. .1105 - .1109. .1130- .1136. 
.1210, .1306- .1308. .1405 - .1406. .1408- .1410. .1501 - 1503. .1612 - .1613, .1703 

No Response from Agency 

10 NCAC 3L .0901 - Definitions 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3L .1004 - Evaluation 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3L .1102 - Nursing Services and Duties 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3L .1103- Physical Therapy Services 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3L .1105 - Occupational Therapy Services 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 31 .1106 - Medical Social Work Services 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3L .1108 - Infusion Nursing Sen'ices 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3L .1109 - Clinical Respiratory Svcs, Including Pulmonary, or Ventilation Svcs 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3L .1110 - Supvn/Competency /In-Home Aides/Other In-Home Care Providers 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3L . 1202 - Case Rex'mv and Plan of Care 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3L .1402 - Content of Record 

Medical Assistance 



.0501 - .0505, .0601 - .0604, 
. 1204. . 1301 - . 1303, . 1401 - 



Obj. Cont'd 
Obj. Removed 
RRC Objeaion 
Obj. Cont'd 

.0510- .0517, 
.1150- .1163, 
- .1704, .1804 
Obj. Cont'd 
Obj. Removed 
RRC Objection 
Obj. Cont'd 

RRC Objection 
Obj. Cont'd 

RRC Objection 
Obj. Cont'd 

RRC Objeaion 
Obj. Cont'd 

RRC Objection 
Obj. Cont'd 

RRC Objection 
Obj. Cont'd 

RRC Objeaion 
Obj. Cont'd 

RRC Objeaion 
Obj. Cont'd 

RRC Objeaion 
Obj. Cont'd 

RRC Objection 
Obj. Cont'd 

RRC Objeaion 



09/21/95 
10/18/95 
07/13/95 
09/21/95 
10/18/95 

.0605 - .0609. 

. 1204 - . 1208. 

■ . 1807 

09/21/95 
10/18/95 
11/16/95 
12/21/95 

Eff. 02/01/96 
11/16/95 
12/21/95 

Eff 02/01/96 
11/16/95 
12/21/95 

Eff 02/01/96 
11/16/95 
12/21/95 

Eff 02/01/96 
11/16/95 
12/21/95 

Eff 02/01/96 
11/16/95 
12/21/95 

Eff 02/01/96 
11/16/95 
12/21/95 

Eff 02/01/96 
11/16/95 
12/21/95 

Eff 02/01/96 
11/16/95 
12/21/95 

Eff 02/01/96 
11/16/95 
12/21/95 

Eff 02/01/96 
11/16/95 



10 NCAC 261 .0101 - Purpose and Scope 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 261 .0102 - Requests for Formal and Informal Appeals 

Rule Returned to Agency 
10 NCAC 261 0103 - Time Limits on Requests for Recipient/Applicant Informal Appeals 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 261 .0106 - Payment Pending Appeals 

Rule Returned to Agency 



RRC Objeaion 




10/18/95 


Obj. Cont'd 




11/16/95 




Eff 


12/11/95 


RRC Objection 




10/18/95 


Obj. Cont'd 




11/16/95 


RRC Objeaion 




10/18/95 


Obj. Cont'd 




11/16/95 




Eff 


12/11/95 


RRC Objeaion 




10/18/95 


Obj. Cont'd 




11/16/95 



2752 



NORTH CAROLINA REGISTER 



February 1, 1996 



10:21 



RULES REVIEW COMMISSION 



10 NCAC 261 .0107 - Dismissal of Appeal 
Agency Revised Rule 

JUSTICE 

N.C. Sheriffs' Education and Training Standards Commission 

12 NCAC lOB .0102 - Purpose 

Agency Repealed Rule 
12 NCAC lOB .0503 - Time Req/Completion/Basic Law Enforcement Training Course 

Agency Revised Rule 
12 NCAC lOB .0602 - Time Req/Completion//Jailer Cert Training Course 

Agency Revised Rule 
12 NCAC lOB .0605 - Completion of Jailer Certification Course 

Agency Revised Rule 
12 NCAC lOB .0704 - Responsibilities: School Directors 

Agency Revised Rule 

LICENSEMG BOARDS AND COMMISSIONS 

Acupuncture Licensing Board 

21 NCAC 1 .0501 - Qualifications for Establishing a School for Acupuncture in N.C. 
Agency Revised Rule 

Board of Architecture 

21 NCAC 2 .0302 - Written Examination 
Agency Revised Rule 

Board of Dietetics/Nutrition 

21 NCAC 17 .0201 - Definitions 

Board of Medical Examiners 

21 NCAC 32M .0006 - Prescribing Privileges 

Agency Revised Rule 
21 NCAC 32N .0002 - Continuances 

Agency Responded - Agency Will Not Revise Rule 

Board of Nursing 

21 NCAC 36 .0109 - Selection and Qualifications of Nurse Members 

Agency Revised Rule 
21 NCAC 36 .0211 - Examination 

Agency Revised Rule 
21 NCAC 36 .0217 - Revocation, Suspension, or Denial of License 

Agency Revised Rule 
21 NCAC 36 .0218 - Licensure Without Examination (By Endorsement) 

Agency Revised Rule 
21 NCAC 36 .0225 - Components of Nursing Practice for the Licensed Practical Nurse 

Agency Revised Rule 
21 NCAC 36 .0227 - Approval and Practice Parameters for Nurse Practitioners 

Agency Revised Rule 
21 NCAC 36 .0403 - Qualifications 

Agency Revised Rule 



RRC Objection 
Obj. Removed 



10/18/95 
10/18/95 



RRC Objection 


11/16/95 


Obj. Removed 


11/16/95 


RRC Objection 


11/16/95 


Obj. Removed 


11/16/95 


RRC Objection 


11/16/95 


Obj. Removed 


11/16/95 


RRC Objection 


11/16/95 


Obj. Removed 


11/16/95 


RRC Objection 


11/16/95 


Obj. Removed 


11/16/95 



RRC Objection 
Obj. Removed 



RRC Objection 
Obj. Removed 



RRC Objection 



11/16/95 
11/16/95 



11/16/95 
11/16/95 



12/21/95 



RRC Objection 


11/16/95 


Obj. Removed 


11/16/95 


RRC Objection 


08/10/95 


Obj. Cont'd 


09/21/95 


RRC Objection 


12/21/95 


Obj. Removed 


12/21/95 


RRC Objection 


12/21/95 


Obj. Removed 


12/21/95 


RRC Objection 


12/21/95 


Obj. Removed 


12/21/95 


RRC Objection 


12/21/95 


Obj. Removed 


12/21/95 


RRC Objection 


12/21/95 


Obj. Removed 


12/21/95 


RRC Objection 


12/21/95 


Obj. Removed 


12/21/95 


RRC Objection 


11/16/95 


Obj. Removed 


11/16/95 



10:21 



NORTH CAROLINA REGISTER 



February 1, 1996 



2753 



RULES REVIEW COMMISSION 



21 NCAC 36 .0404 - Registration 

Agency Revised Rule 
21 NCAC 36 .0405 - Approval of Nurse Aide Education Programs 

Agency Revised Rule 

Board of Practicing Psychologists 

21 NCAC 54 .2704 - HSP-P Requirements On and After June 30, 1994 
Agency Filed Rule for Codification Over RRC Objection 
The Commission Removed Its Previous Objection 

21 NCAC 54 .2705 - HSP-PP Requirements 

Agency Filed Rule for Codification Over RRC Objection 
The Commission Removed Its Previous Objection 

21 NCAC 54 .2706 - HSP-PA Requirements On and After June 30, 1994 
Agency Filed Rule for Codification Over RRC Objection 
The Commission Removed Its Previous Objection 



RRC Objection 




11/16/95 


Obj. Removed 




11/16/95 


RRC Objeaion 




11/16/95 


Obj. Removed 




11/16/95 


RRC Objection 




05/18/95 




Eff 


06/21/95 


Obj. Removed 




12/21/95 


RRC Objeaion 




05/18/95 




Eff 


06/21/95 


Obj. Removed 




12/21/95 


RRC Objection 




05/18/95 




Eff 


06/21/95 


Obj. Removed 




12/21/95 



STATE PERSONNEL 



Office of State Personnel 



25 NCAC IJ .0505 - Leave to Prepare Grievance 

Agency Revised Rule 
25 NCAC IJ .0509 - Agency Grievance Reports 

Agency Revised Rule 
25 NCAC IJ .0802 - Awards Committee 

Agency Revised Rule 
25 NCAC IK .0318 - Tax Status 

Agency Revised Rule 
25 NCAC IK .0705 - Program Participation 

Agency Revised Rule 
25 NCAC IL .0104 - Program Implementation: Department and University Level 

Agency Revised Rule 
25 NCAC IL .0106 - Compliance Information 

Agency Repealed Rule 



RRC Objeaion 


11/16/95 


Obj. Removed 


11/16/95 


RRC Objeaion 


11/16/95 


Obj. Removed 


11/16/95 


RRC Objeaion 


11/16/95 


Obj. Removed 


11/16/95 


RRC Objeaion 


11/16/95 


Obj. Removed 


11/16/95 


RRC Objeaion 


11/16/95 


Obj. Removed 


11/16/95 


RRC Objection 


11/16/95 


Obj. Removed 


11/16/95 


RRC Objection 


11/16/95 


Obj. Removed 


11/16/95 



2754 



NORTH CAROLINA REGISTER 



February 1, 1996 



10:21 



CONTESTED CASE DECISIONS 



1 his Section contains the full text of some of the more significant Administrative Law Judge decisions along with an index 
to all recent contested cases decisions which are filed under North Carolina 's Administrative Procedure Act. Copies of 
the decisions listed in the index and not published are available upon request for a minimal charge by contacting the 
Office of Administrative Hearings, (919) 733-2698, 



AGENCY 



CASE 
NUMBER 



AU 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



ADMINISTRATION 

Fred Jackson, dfhl& Complete Cleaning Co. v. Dept. of Administration 95 DOA 0797 Gray 

Division of Purchase and Contract 

S enter-Sanders Tractor Corp. v. Admin., Div of Purchase & Contract 94 DOA 0803 Nesnow 

CMC Maintenance Co., a Div. of RDS Corp. v. Dept. of Administration, 95 DOA 0194 Phipps 
Div. of Purchase & Contract, et al. 



01/04/96 



03/06/95 
06/13/95 



10:21 NCR 2783 



State Construction Office 

W. M. Piatt & Company v. State Construction Office, DOA 

Holland Group, Inc. v. Dept. of Administration, St. Construction Office 

ALCOHOLIC BEVERAGE CONTROL COMMISSION 

Ali Alsaras v. Alcoholic Beverage Control Commission 
Norman D. Forbes v. Alcoholic Beverage Control Commission 
Ben Sproul and Steve Pauls v. Alcoholic Beverage Control Comm. 
Albert Stanley Tomanec v. Alcoholic Beverage Control Commission 
Robert Johnson v. Alcoholic Beverage Control Commission 
Stinking Mercury, Inc. v. Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Comm. v. Depot Stop N Go, Inc. 
John H. Robinson v. Alcoholic Beverage Control Commission 
Clara and Carson Young v. Alcoholic Beverage Control Commission 
Vladimir Walter Kozlik Jr. v. Alcoholic Beverage Control Commission 
Bryan Lynn Whitaker, Susan Ansley Whitaker v, ABC Commission 
Diamond Club, Inc. v. Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Commission v. Weisner, Inc. 
Robert Louis Reese v. Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Comm v. Thomas Henry Dodson 
Ray E. Bailey v. Alcoholic Beverage Control Commission 
Legwin Z. Williams v. Alcoholic Beverage Control Commission 
Taleb Abed Rahman v. Alcoholic Beverage Control Commission 
Sherrill Douglas Langston v. Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Comm. v. Janice Mae Miles 
Kamal Fathi Abushawish v. Alcoholic Beverage Control Commission 
Imran All Hameerah v. Alcoholic Beverage Control Commission 
and 
City of Raleigh 
Ali Mohamed Ahmed v. Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Commission v. Vladimir Walter Kozlik Jr. 
Mychal R. Hill v. Alcoholic Beverage Control Commission 
Mac/Que Unlimited Inc. v. ABC Comm & City of Havelock-Local Govt. 
Alcoholic Beverage Control Comm. v. Goldstar Food, Inc. 
Collie Hawkins v. Alcoholic Beverage Control Commission 
Alcoholic Bev Cont Comm. v. Partnership. T/A Royal Knights Soc Club 
Alcoholic Beverage Control Commission v. Lebby Rhew Allen 
Alcoholic Beverage Control Comm. v. Nancy Wheeler Wolfe 
Mustafa Yacoub Salameh v. Alcoholic Beverage Control Commission 
John Edsel Rhodes v. Alcoholic Beverage Control Commission 
Sadiq Deeb Ali, Patricia Billings v. Alcoholic Beverage Control Comm. 
Samih Atich Hadi v. Alcoholic Beverage Control Commission 



94 DOA 0738 
94 DOA 1565 



Nesnow 
Nesnow 



94 ABC 0526 


Chess 


94 ABC 0787 


Gray 


94 ABC 1046 


Chess 


94 ABC 1168 


Becton 


94 ABC 1661 


West 


94 ABC 1682 


Chess 


94 ABC 1694 


Manji 


94 ABC 1727 


Morrison 


94 ABC 1729 


Chess 


94 ABC 1754*'^ 


Mann 


94 ABC 1784 


Mann 


94 ABC 1803 


Mann 


95 ABC 0068 


West 


95 ABC 0074 


Chess 


95 ABC 0095 


Phipps 


95 ABC 0210 


Gray 


95 ABC 0224 


Nesnow 


95 ABC 0323 


Phipps 


95 ABC 0415 


Nesnow 


95 ABC 0434 


West 


95 ABC 0453 


Becton 


95 ABC 0477 


Phipps 


95 ABC 0487 


Gray 


95 ABC 0518*'^ 


Mann 


95 ABC 0617 


Morrison 


95 ABC 0640 


Becton 


95 ABC 0678 


Gray 


95 ABC 0696 


Gray 


95 ABC 0711 


Phipps 


95 ABC 0712 


Gray 


95 ABC 0713 


Phipps 


95 ABC 0763 


Gray 


95 ABC 0792 


Nesnow 


95 ABC 0830 


Becton 


95 ABC 0867 


Gray 



04/11/95 
06/01/95 



05/16/95 
03/17/95 
08/17/95 
03/07/95 
05/01/95 
05/03/95 
03/29/95 
05/18/95 
05/11/95 
08/02/95 
04/19/95 
04/07/95 
06/07/95 
05/25/95 
12/01/95 
05/01/95 
05/31/95 
08/02/95 
08/01/95 
07/20/95 
01/16/96 
07/14/95 



10/03/95 

08/02/95 
09/08/95 
01/16/96 
10/30/95 
10/06/95 
09/14/95 
10/04/95 
09/14/95 
12/01/95 
10/25/95 
11/29/95 
12/14/95 



10:03 NCR 221 
10:07 NCR 619 



10:11 NCR 960 



10:06 NCR 417 
10:10 NCR 868 



10:11 NCR 960 



10:21 



NORTH CAROLINA REGISTER 



February 1, 1996 



2755 



CONTESTED CASE DECISIONS 



AGENCY 



Sticks and Stones Billiards & Cafe v. Alcoholic Beverage Control Comm. 95 ABC 0888 
Alcoholic Beverage Control Comm. v. The Playground, Inc. 
Alcoholic Beverage Control Comm. v. Judy Fields Salamone 
Alcoholic Beverage Control Comm. v. Ronald Shankie Hardman 
Nathaniel Stubbs v. Alcoholic Beverage Control Commission 



BOARD OF CHIROPRACTIC EXAMINERS 

Robert J. Manna, D.C. v. Board of Chiropractic Examiner* 
CRIME CONTROL AND PUBLIC SAFETY 



CASE 




DATE OF 


NUMBER 


AU 


DECISION 


95 ABC 0888 


Chess 


12/14/95 


95 ABC 0935 


Phipps 


12/19/95 


95 ABC 0990 


Morrison 


12/29/05 


95 ABC 1020 


ReiUy 


12/19/95 


95 ABC 1094 


Gray 


12/20/95 



95 BOC 1 105 West 



10/20/95 



PUBLISHED DECISION 
REGISTER CITATION 







Patrick O. Hawkins v. Office of Administrative Hearings 
Crime Victims Compensation Commission 



95 CPS 0361 



John Pavlikianidis v. Victims Compensation Commission 94 

Fay, Cynthia, S. Dalton v. Crime Victims Compensation Commission 94 

Phyllis H. Steinmetz v. Crime Victims Compensation Commission 94 

Hubert Johnson, Edna J. Carter v. Crime Victims Compensation Comm. 94 

Wayne L. Utley v. Crime Victims Compensation Commission 94 

Sandra H. Hughes v. Victims Compensation Commission 94 

Kristine S. Ray v. Crime Victims Compensation Commission 94 

Shirley Moody Myers v. Crime Victims Compensation Commission 94 

Thomasine Irmian v. Crime Victims Compensation Commission 94 

Irmgard Gordos v. Crime Victims Compensation Commission 94 

Fay. Cynthia, S. Dalton v. Crime Victims Compensation Commission 95 

EUen Sherwin v. Crime Vic Comp James Byrum Emp/ Baptist Hosp 95 

Anthony Harold Stone v. Crime Victims Compensation Commission 95 

Howard B. Peterson v. Crime Victims Compensation Commission 95 
Ella Ruth Jordan v. Gary B. Eichelberger Dir., Crime Vic. Comp. Comm. 95 

Lyrm H. Henderson v. CPS, Victims Compensation Commission 95 

Larusha Bey v. Crime Victims Compensation Commission 95 

Percible Gaston v. Crime Victims Compensation Commission 95 

Horton Edward v. Crime Victims Compensation Commission 95 

David Leo Rice v. CPS, Crime Victims Compensation Commission 95 

Janet Ring Stevens v. Crime Victims Compensation Commission 95 

Michael A. Herd v. Crime Victims Compensation Commission 95 

Juan Aguilar v. Crime Victims Compensation Commission 95 

Albert Lionell Meadows v. Crime Victims Compensation Commission 95 

John Kuwalik v. Crime Victims Compensation Commission 95 

Sandra Jones v. Crime Victims Compensation Commission 95 

Edsel Batts Jr. v. CPS, Crime Victims Compensation Commission 95 

James T. Todd v. Crime Victims Compensation Commission 95 
Mark Edward Altman v. CPS, Crime Victims Compensation Commission 95 

Fred McMillan v. Victims Compensation Commission 95 
Brandi Faith Blalock, Dorothy Smith Blalock v. Crime Vic Comp Comm. 95 
Roland Lee Kelly, Jr. v. United Family Svcs, Vic Assis/Crime Vic. Comp 95 

Diane B. Commander v. Crime Victims Compensation Commission 95 

Danny Ray Bell v. Crime Victims Compensation Commission 95 

Johtmie Mae Robinson v. Crime Victims Compensation Commission 95 

Margie Lunsford v. Crime Victims Compensation Commission 95 

Donald Ray Williams v. Crime Victims Compensation Commission 95 

Jill M. LaSanta v. Crime Victims Compensation Commission 95 

Melia Aim Adkins Stopa v. Crime Victims Compensation Commission 95 

BOARD OF ELECTROLYSIS EXAMINERS 



CPS 0237 
CPS 0445** 
CPS 0542 
CPS 1177 
CPS 1180 
CPS 1600 
CPS 1673 
CPS 1674 
CPS 1731 
CPS 1782 
CPS 0010** 
CPS 0012 
CPS 0115 
CPS 0163 
CPS 0181 
CPS 0212 
CPS 0245 
CPS 0270 
CPS 0331 
CPS 0335 
CPS 0337 
CPS 0349 
CPS 0356 
CPS 0373 
CPS 0381 
CPS 0427 
CPS 0456 
CPS 0459 
CPS 0461 
CPS 0481 
CPS 0540 
CPS 0568 
CPS 0591 
CPS 0737 
CPS 0770 
CPS 0779 
CPS 0788 
CPS 1029 
CPS 1185 



Phipps 



Morrison 

West 

West 

Maim 

Becton 

Morrison 

Chess 

Chess 

Nesnow 

Gray 

West 

West 

Chess 

Reilly 

West 

Morrison 

Reilly 

Gray 

Phipps 

Morrison 

Gray 

Chess 

Reilly 

Gray 

Becton 

Nesnow 

Phipps 

Nesnow 

West 

Phipps 

Phipps 

Phipps 

Nesnow 

Reilly 

Reilly 

Becton 

Nesnow 

Reilly 

Nesnow 



08/01/95 



03/21/95 
05/30/95 
05/16/95 
06/12/95 
03/07/95 
06/09/95 
04/20/95 
04/20/95 
03/09/95 
03/09/95 
05/30/95 
03/22/95 
08/22/95 
07/06/95 
06/21/95 
05/08/95 
06/02/95 
06/13/95 
07/25/95 
09/15/95 
07/21/95 
08/15/95 
06/22/95 
09/27/95 
07/10/95 
06/02/95 
09/29/95 
09/26/95 
07/25/95 
10/12/95 
10/10/95 
08/09/95 
10/19/95 
09/11/95 
01/11/96 
09/19/95 
11/17/95 
10/25/95 
12/05/95 



10:02 NCR 176 



i 



10:15 NCR 1624 



10:15 NCR 1628 



Diane Rawls v. Board of Electrolysis Examiners 
Kimberly P. Costner v. Board of Electrolysis Examiners 
Anna G. Gahren v. Board of Electrolysis Examiners 

ENVIRONMENT. HEALTH, AND NATURAL RESOURCES 



James J. Collins, Admin, for James Joseph Collins, ME-91-1173, 92 EHR 0300 

Deceased v. Enviroimient, Health, & Natural Resources 

Concrete Supply Company v. Environment, Health. & Natural Resources 94 EHR 0950 

Setzer Bros. Inc. v. Environment, Health, and Natural Resources 94 EHR 1676 



95 BEE 0173 


West 


08/03/95 


95 BEE 0893 


West 


01/03/96 


95 BEE 0894 


West 


12/22/95 



Nesnow 

Gray 
Nesnow 



12/15/95 



05/23/95 
03/09/95 



10:19 NCR 2539 
10:06 NCR 414 



i 



2756 



NORTH CAROLINA REGISTER 



February 1, 1996 



10:21 



CONTESTED CASE DECISIONS 



AGENCY 



Environment, Health, & Natural Resources v. Royal James Cafe 
John W. VanHoy, Jr. & Adjacent Land Owners v. EHNR 
and 
Shugart Enterprises, Inc. 
Richard A. Jenkins v. NC Water Pollution Control Sys. Op. Cert. Comm. 
Richard A. Jenkins v. NC Water Pollution Control Sys. Op. Cert. Comm. 
Browning-Ferris Ind. of S. Atlantic, Inc. and Sampson Cty, Disposal, Inc. 
V. Dept. of Environment, Health, and Natural Resources, 

and 
Hoke County and Bladen County 
Bruce Wike v. Environment, Health, & Natural Resources 



CASE 




DATE OF 


PUBLISHED DECISION 


NUMBER 


ALJ 


DECISION 


REGISTER CITATION 


94 EHR 1756 


Becton 


06/30/95 


10:08 NCR 696 


95 EHR 0016 


Phlpps 


11/03/95 


10:17 NCR 2279 


95 EHR 0311*" 


Gray 


12/19/95 


10:20 NCR 2651 


95 EHR 0437*" 


Gray 


12/19/95 


10:20 NCR 2651 


95 EHR 0506 


West 


06/13/95 





95 EHR 0560 



West 



Nesnow 



Morrison 



Che 



Phipps 



Chess 



94 EHR 0745 


Chess 


04/24/95 


95 EHR 0649 


Reilly 


12/08/95 


95 EHR 0736 


Gray 


12/13/95 



Carteret County Health Department 

Elmer &. Pandora Edwards v. Carteret County Health Department 95 EHR 0075 

Chatham County Department of health 

Persimmon Hill Homeowners Assoc v. EHNR, Chatham Cty Dept Health 95 EHR 1064 

Coastal Resources 

William C. Young v. Coastal Resources Commission 95 EHR 0009 

and 
Robert L. Casper, Jr. and Mary M. Casper 
Howani C. Slack v. Coastal Resources Comm, EHNR 95 EHR 0140 

Davidson County Health Department 

John Dee Clodfelter v. Davidson County Health Dept.; EHNR 94 EHR 1037 

Environmental Health 



EEE-ZZZ Lay Drain Compnay, Inc. v. On-Site Wastewater Section, 

Division of Environmental Health 
Jerry C. Owens v. District Health Department, EHNR 
Kenith & Shirley L. Barrett v. Montgomery Cty Hlth Dept, Env. Health 

Environmental Management 

United Screen Printers, Inc. v. EHNR. Div. of Environmental Mgmt. 
Empire Power Co. and George Clark v. EHNR, Div. of Env. Mgmt. 
and 
Duke Power Company 
Empire Power Co. and George Clark v. EHNR, Div. of Env. Mgmt. 
and 
Duke Power Company 
United Screen Printers, Inc. v. EHNR, Div. of Environmental Mgmt. 
Kenan Oil Company, Inc. v. EHNR, Div. of Environmenti»l Mgmt. 
Moffitt and Pierce Construction, Inc. v. EHNR, Environmental Mgmt. 
Rodney Brent Becker, et al. v. Div. of Environmental Mgmt, EHNR 
and 
Federal Paper Board Company, Inc. 
Burke Oil Company v. EHNR, Division of Environmental Management 
Minnie Kelly Hunt; William Hunt; Sunset Beach Taxpayers Assoc. & NC 
Coastal Federation v. Environment. Health, and Natural Resources 

and 
South Brunswick Water & Sewer Auth.; Brunswick County; Town of 
Calabash; and Town of Sunset Beach 



Division of Epidemiology 

Mark Bryant Stocksdale & Wife, Cathie v. EHNR, Div. of Epidemiology 95 EHR 0059 Reilly 



11/15/95 



10/24/95 



12/29/95 



06/13/95 



03/22/95 



03/13/95 



91 EHR 1179*' 


West 


05/30/95 


92 EHR 0021»' 


Gray 


04/03/95 


92 EHR 0053*' 


Gray 


04/03/95 


93 EHR 0273 »' 


West 


05/30/95 


94 EHR 0894 


Nesnow 


05/08/95 


94 EHR 1755 


West 


06/06/95 


95 EHR 0390 


Chess 


11/20/95 


95 EHR 0616 


West 


12/13/95 


95 EHR 0828 


West 


12/14/95 



10:02 NCR 185 



10/30/95 



"^k Consolidated cases. 



10:21 



NORTH CAROLINA REGISTER 



February 1, 1996 



2757 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



ALJ 



94 EHR 0924 Gray 



Hyde County Beahh Department 

Frilzner Henry v. Hyde County Health Department 

Macon County Health Department 

Four Residents on Genva Circle v. Maeon County Health Department 94 EHR 1202 Neanow 

Marine Fisheries 

Chancy Junior Sawyer v. EHNR, Division of Marine Fisheries 94 EHR 1786 Chess 

Maternal and Child HeaUh 

Jimmy Franklin v. EHNR Maternal & Child Hllh, Nutrition Services 

Middleburg Variety v. EHNR, Maternal & Child Health. Nutrition Svcs 

Taisser Shehadeh v. EHNR, Maternal & Child Health, Nutrition Svcs. 

Philip Haskjns v. EHNR, Div. of Maternal & Child Health 

Food City, Inc. v. Dept of Environment, Health, &. Natural Resources 

Cameron Brian White v. EHNR, Maternal & Child Health, Nutrition Svcs. 95 

Barbara R. Amer d/b/a 311 Grocery Store v. EHNR 

Sameer Mohammed Dari v. EHNR, Maternal & Child Health, Nutn Svcs 

Food Mart #14, Cyntha Harris, EHNR, Maternal & Child Hlth, Nutn Svc895 

Goldston Grocery, Larry Mis v. EHNR, Div. of Maternal & Child Health 95 

Barbara R. Amer d/b/a 311 Grocery Store v. EHNR 

Kenneth Callicutt, Seagrove Grocery v. Nutrition Services Section 

Donnie Blalock v. EHNR, Maternal & Child Health, Nutrition Svcs. 



DATE OF 
DECISION 



03/09/95 



03/27/95 



05/22/95 



PUBLISHED DECISION 
REGISTER CITATION 



94 EHR 0288 


Gray 


05/22/95 


94 EHR 1601 


Chess 


05/01/95 


94 EHR 1711 


Chess 


05/02/95 


94 EHR 1777 


Chess 


03/09/95 


95 EHR 0372 


Reilly 


08/10/95 


95 EHR 0687 


Nesnow 


10/19/95 


95 EHR 0706*'^ 


Reilly 


10/23/95 


95 EHR 0853 


Gray 


10/10/95 


95 EHR 0862 


Chess 


12/28/95 


95 EHR 0869 


Bee ton 


09/13/95 


95 EHR 0874*'^ 


Reilly 


10/23/95 


95 EHR 0878 


Chess 


12/13/95 


95 EHR 0892 


Gray 


09/14/95 



i 



New Hanover County Health Department 

Gus Kalogiros v. New Hanover Co. (Health Dept.), Adm &. Env. Svcs 

Pitt County Public Health Center 

Mary Joyner Dudley v. Pitt County Public Health Center & EHNR 
Tony P. Moore v. EHNR, &. Pitt County Public Health Center 

Division of SoUd V/aste Management 

Cherokee Resources Inc. v. EHNR, Div. of Solid Waste Management 
Joyce Hildreth v. EHNR, Division of Solid Waste Management 



94 EHR 1073 



94 EHR 1043 

95 EHR 0537 



92 EHR 1028 
95 EHR 0851 



Wayne County Department of Health 

Habib Abdallah v. Wayne County Department of Health (WIC Program) 95 EHR 0864 

EQUAL EMPLOYMENT OPPORTUNITY 

Marsha Dianne McKoy v. DHR, Div. of MH/DD/SAS, Caswell Center 90 EEO 0379 

HUMAN RESOURCES 



Morrison 



Gray 
Reilly 



Phipps 
Morrison 



Phipps 



Chess 



04/28/95 



06/27/95 
10/09/95 



09/29/95 
09/13/95 



09/27/95 



04/03/95 



i 



10:14 NCR 1410 



Veronica Spearman, John P. Spearman v. Dept. of Human Resources 
Sandra Jean Taylor v. Department of Human Resources 
Claudia Toriola v. Department of Human Resources 

Division of Child Development 

lola Malloy v. DHR, Division of Child Development 

Helen J. Walls, D/B/A Walls Young Worid v. Dept. of Human Resources 

Samuel Simmons &. Wife, Alphia Mack Simmons v. Human Resources 

Willie & Pamela Sturgess v. DHR, Division of Child Development 

Esther Elder v. DHR, Division of Child Development 

Theresa B. Thomas v. DHR, Division of Child Development 

Ellen H. Sams v. DHR, Division of Child Development 

Dixie Jenkins v. DHR, Division of Child Dev., Elizabeth Alexander 

Hill Street Day Care Center v. DHR, Division of Child Development 

Chapel Hill Day Care Center, Nancy Taylor v. DHR, Div. of Child Dev. 



95 DHR 0216 


Reilly 


06/02/95 


95 DHR 0366 


Reilly 


07/19/95 


95 DHR 0507 


West 


10/18/95 



94 DHR 0849 


Matm 


94 DHR 1362 


Becton 


94 DHR 1617 


Gray 


94 DHR 1631 


Reilly 


94 DHR 1771 


Reilly 


95 DHR 0268 


Morrison 


95 DHR 0293 


Phipps 


95 DHR 0315 


West 


95 DHR 0407 


Chess 


95 DHR 0450 


Phipps 



03/03/95 
03/20/95 
09/13/95 
07/10/95 
03/17/95 
07/14/95 
08/08/95 
08/25/95 
10/13/95 
06/02/95 



10:13 NCR 1205 



I 



2758 



NORTH CAROLINA REGISTER 



February 1, 1996 



10:21 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



AU 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



Dallas & Friends Daycare Home, Sandra Sever! v. DHR, Div. Child Dev. 95 DHR 0633 
Reccille Beamon v. DHR, Division of Child Development 95 DHR 0999 

Lana S. Grant, Little Ranchers Daycare v. DHR, Div. of Child Dev. 95 DHR 1009 

Jean Davidson v. DHR, Division of Child Development 95 DHR 1237 

Division of Facility Services 



William H. Cooke v. DHR, Division of Facility Services 

Mildred Reece, Calvin Reece v. DHR, Division of Facility Services 

Domiciliary & Group Care Section 
Lisa Marie Shanks v. Department of Human Resources 
Brenda I. McAllister v. DHR, Division of Facility Services 
Henry Brown, Sr. v. Department of Human Resources 
DHR, Facility Svcs., Domiciliary & Group Care v. Laveme Leathers 
Laveme A. Leathers v. DHR, Facility Svcs., Domiciliary & Group Care 



Chess 
West 
Reilly 
West 



Bingo Licensure Section 



95 DHR 0040 Morrison 



The Regular Veterans Association of the United States and the Sixteen 
Posts of the Regular Veterans Association of the United States and the 
Regular Veterans Association Auxiliary Located in the State of North 
Carolina v. DHR, Division of Facility Services, Bingo Licensure Section 

Certificate of Need Section 

The Carrolton of FayetteviUe, Inc. and Highland House of Fayetleville, 94 DHR 0197*= Reilly 

Inc. and Richard Allen, Sr. v. DHR, Division of Facility Services, 

Certificate of Need Section 
and 

Pine Manor Rest Home, Inc., d/b/a Pine Manor Health Care 
The Carrolton of FayetteviUe, Inc. and Highland House of FayetteviUe, 

Inc. and Richard Allen, Sr. v. DHR, Division of Facility Services, 

Certificate of Need Section 
and 

Pine Manor Rest Home, Inc., d/b/a Pine Manor Health Care 
Retirement Villages, Inc. (Lessor), and Liberty Healthcare Ltd. 

Partnership (Lessee) D/B/A Countryside Villa of Duplin v. DHR, 

Division of Facility Services, Certificate of Need Section 
and 

Beaver Properties/Wallace, Inc., and Brian Center Health & Retirement/ 

Wallace, Inc. 
Gordon G. Koltis, M.D., Carolina Radiation & Cancer Treatment Center, 94 DHR 1820 Chess 

P. A., and Carolina Radiation Medicine, P. A. v. DHR, Div. of Facility 

Services, Certificate of Need Section, 
and 

Pitt County Memorial Hospital, Inc. 

Office of Emergency Medical Services 
ChaHes M. Erwin v. DHR, Facility Svcs, Off. of Emgcy. Medical Svcs. 92 DHR 1697 Chess 
Medical Facilities Licensure Section 



94 DHR 0198*= Reilly 



94 DHR 0403 Chess 



12/05/95 
12/20/95 
12/14/95 
12/18/95 



94 DHR 0565 


Gray 


03/16/95 


94 DHR 1783 


Gray 


03/16/95 


95 DHR 0121 


West 


08/03/95 


95 DHR 0149 


West 


09/11/95 


95 DHR 0526 


Becton 


10/05/95 


95 DHR 0527 


Gray 


01/17/96 


95 DHR 0691 


Gray 


01/17/96 



04/13/95 



04/05/95 



04/05/95 



12/14/94 



09/25/95 



05/16/95 



10:06 NCR 409 



Shelia Marie Hall v. DHR, Div/Facility Svcs., Med. Facilities Lie. Sec. 95 DHR 0307 Nesnow 

Joe Junior Bailey v. DHR, Div/Facility Svcs., Med. Facilities Lie. Sec. 95 DHR 0322 Becton 

Linda Faye Taylor v. DHR, Div/Facility Svcs., Med. Facilities Lie. Sec. 95 DHR 0410 Morrison 

Evangeline of King, Inc. v. DHR, Div/Fac Svcs, Med. Facilities Lie. Sec. 95 DHR 0413 Reilly 

Nicole Murphy v. DHR, Div/Facility Svcs, Med. Facilities Lie. Sec. 95 DHR 0863 Becton 

Division of Medical Assistance 

A.S., by and through her agent and personal representative. Hank Neal 93 DHR 1736 Reilly 

V. DHR, Division of Medical Assistance 

D.A., by and through his agent and personal representative. Hank Neal 93 DHR 1737 Reilly 

V. DHR, Division of Medical Assistance 

Stephen K., & Christopher & Katina Komorek v. DHR, Med Assistance 94 DHR 1170 Reilly 

Division of Social Services 



08/11/95 
09/13/95 
11/09/95 
08/14/95 
10/20/95 



05/22/95 
05/22/95 
10/18/95 



10:21 



NORTH CAROLINA REGISTER 



February 1, 1996 



2759 



CONTESTED CASE DECISIONS 



AGENCY 



Cecilia Y. Wall, William S. Wall v. Department of Human Resources 
Deborah Kirby, Leslie Saleeby v. Department of Human Resources 
Sandra M. Hawkins v. DHR, Division of Social Services 
Robert A. Byers. Sharon L. Byers v. DHR, Div. of Social Services 
Mattie M. Helms v. Department of Human Resources 



CASE 




DATE OF 


PUBLISHED DECISION 


NUMBER 


ALJ 


DECISION 


REGISTER CITATION 


94 DHR 1627 


Morrison 


07/06/95 




94 DHR 1732 


West 


12/07/95 


10:19 NCR 2550 


95 DHR 0448 


Nesnow 


10/24/95 




95 DHR 0488 


Phipps 


10/31/95 




95 DHR 0949 


Reilly 


01/11/96 


10:21 NCR 2780 



ChiU Support Enforcement Section 



Daniel J. Carter v. Department of Human Resources 
Shawn Dominic Caldwell v. Department of Human Resources 
William Zonta Thompson v. Department of Human Resources 
Jackie E. Hackney v. Department of Human Resources 
Lcnzo Davis v. Department of Human Resources 
Frank M. Swett v. Department of Human Resources 
Elbert Quick v. Department of Human Resources 
Dennis E. Barkley v. Department of Human Resources 
Clement McMillan v. Department of Human Resources 
Herbert James Jackson HI v. Department of Human Resources 
Larry James Walker Jr. v. Department of Human Resources 
James R. Gray v. Department of Human Resources 
Manuel F. Isla v. Department of Human Resources 
John D. Bird v. Department of Human Resources 
Lacy Green. Jr. v. Department of Human Resources 
Leon McNair v. Department of Human Resources 
Edwin A. Clarke v. Department of Human Resources 
Wolfgang R. Walker v. Department of Human Resources 
Wyalt Roseboro v. Department of Human Resources 
Lloyd Lane Speake v. Department of Human Resources 
Raymond E. Dresser v. Department of Human Resources 
Terry L. Yoder v. Department of Human Resources 
Ronald E. Lewis v. Department of Human Resources 
Richard L. Hiott v. Department of Human Resources 
Cecil Ray Hinshaw v. Department of Human Resources 
Terry C. Brown v. Department of Human Resources 
Paul R. Johnson v. Department of Human Resources 
Henry C, Banks v. Department of Human Resources 
Lucille B. Dutter v. Department of Human Resources 
Charles Bascom Kiker v. Department of Human Resources 
Mandel Curry Edwards v. Department of Human Resources 
Tony M. Tart v. Department of Human Resources 
Wade E. Hampton v. Department of Human Resources 
Ceeedrick Scott v. Department of Human Resources 
Gary Jay Stocks v. Department of Human Resources 
Paul E. Strawcutter v. Department of Human Resources 
John L. Osborne (Jr.) v. Department of Human Resources 
Richard L. Garver v. Department of Human Resources 
Jerry Glasper v. Department of Human Resources 
Gary G. Dannelly v. Department of Human Resources 
Robert G. Baker v. Department of Human Resources 
Tyrone Waddell v. Department of Human Resources 
Robert R- Thomas v. Department of Human Resources 
Bernard T. Wade v. Department of Human Resources 
Robert Earl White v. Department of Human Resources 
Willie Scott v. Department of Human Resources 
Rochester Levi Jones v. Department of Human Resources 
Timothy Brian Eller v. Department of Human Resources 
Marvin Massey v. Department of Human Resources 
Morgan Pate. Jr. v. Department of Human Resources 
Robert E. Dudley. Sr. v. Department of Human Resources 
Julian Latiimore v. Department of Human Resources 
James McFadden v. Department of Human Resources 
Wesley B. Meggs v. Department of Human Resources 
Anthony D. McCain v. Department of Human Resources 
John C. Kay v. Department of Human Resources 
Raymond B. Clontz Jr. v. Department of Human Resources 
James C. Rogers v. Department of Human Resources 
Ruby Fewell Henry v. Department of Human Resources 
Michael Leon McCain v. Department of Human Resources 



91 CSE 


1103 


Morrison 


03/03/95 


92 CSE 


1449 


Reilly 


03/29/95 


92 CSE 


1559 


Reilly 


03/29/95 


93 CSE 


1088 


Chess 


03/20/95 


93 CSE 


1111 


Becton 


07/12/95 


93 CSE 


1 123*' 


Reilly 


05/16/95 


93 CSE 


1 169 


Chess 


03/08/95 


93 CSE 


1187 


Reilly 


06/30/95 


93 CSE 


1208 


Chess 


03/08/95 


93 CSE 


1209 


Mann 


08/11/95 


93 CSE 


1255 


Morrison 


06/12/95 


93 CSE 


1268 


Chess 


03/08/95 


93 CSE 


1270*'° 


Becton 


07/28/95 


93 CSE 


1272 


Gray 


06/26/95 


93 CSE 


1295 


Chess 


03/08/95 


93 CSE 


1317 


Becton 


04/04/95 


93 CSE 


1319 


Chess 


03/08/95 


93 CSE 1374 


Gray 


04/28/95 


93 CSE 


1423 


Becton 


04/25/95 


93 CSE 


1451 


Chess 


03/22/95 


93 CSE 1459 


Reilly 


06/23/95 


93 CSE 


1498 


Nesnow 


06/02/95 


93 CSE 1508 


Mann 


05/18/95 


93 CSE 


1509 


Mann 


04/21/95 


93 CSE 


1513 


Gray 


05/08/95 


93 CSE 


1516 


Morrison 


05/08/95 


93 CSE 


1546 


Gray 


06/27/95 


93 CSE 


1556 


Chess 


03/22/95 


93 CSE 


1558 


Chess 


03/13/95 


93 CSE 


1561 


Maim 


04/21/95 


93 CSE 1566*' 


Gray 


05/31/95 


93 CSE 


1588 


Becton 


06/08/95 


93 CSE 


1593 


Chess 


04/20/95 


93 CSE 


1651 


Chess 


07/20/95 


93 CSE 


1652 


Chess 


03/21/95 


93 CSE 


1713 


Mann 


03/13/95 


94 CSE 0140 


Maim 


05/30/95 


94 CSE 0512 


Becton 


06/12/95 


94 CSE 


1016 


Nesnow 


07/21/95 


94 CSE 


1033 


Nesnow 


03/24/95 


94 CSE 


1094 


Chess 


03/06/95 


94 CSE 


1096 


Mann 


05/30/95 


94 CSE 


1100 


Becton 


07/28/95 


94 CSE 


UOl 


Becton 


04/03/95 


94 CSE 


1102 


Chess 


08/08/95 


94 CSE 


1109 


Chess 


06/28/95 


94 CSE 


1116 


Chess 


05/15/95 


94 CSE 


1119 


Reilly 


03/29/95 


94 CSE 


1125 


Mann 


10/09/95 


94 CSE 


1127 


Mann 


03/20/95 


94 CSE 


1128 


Mann 


03/31/95 


94 CSE 


1131 


Reilly 


03/13/95 


94 CSE 


1132 


West 


03/14/95 


94 CSE 


1137 


Gray 


08/09/95 


94 CSE 


1141 


Nesnow 


05/16/95 


94 CSE 


1143 


Chess 


04/13/95 


94 CSE 


1149 


Nesnow 


03/03/95 


94 CSE 


1153 


Gray 


04/04/95 


94 CSE 


1157 


Nesnow 


03/16/95 


94 CSE 


1158 


Becton 


05/16/95 



2760 



NORTH CAROLINA REGISTER 



February 1, 1996 



10:21 



CONTESTED CASE DECISIONS 



AGENCY 



James A. Honer v. Departmenl of Human Resources 

George C. Rowers v. Departmenl of Human Resources 

Kendrick William Sims v. Departmenl of Human Resources 

Carl E. Coffey v. Departmenl of Human Resources 

Michael W. Bowen v. Departmenl of Human Resources 

Roderick J. Smith v. Departmenl of Human Resources 

Richard Dill v. Departmenl of Human Resources 

James E. Freeman v. Department of Human Resources 

Jonathan D. Cauthen v. Departmenl of Human Resources 

Ronnie J. Coins v, Departmenl of Human Resources 

Ted C. Jenkins v. Department of Human Resources 

Anthony J. Gibbons v. Departmenl of Human Resources 

Robert Wilson v. Departmenl of Human Resources 

Grant Jules Marks v. Departmenl of Human Resources 

Aaron C. Harris v. Departmenl of Human Resources 

Donald L. Costello Sr. v. Departmenl of Human Resources 

Kelvin L. Lankford v. Department of Human Resources 

Jeffrey Thomas Chambers v. Department of Human Resources 

Robert J. Holden v. Departmenl of Human Resources 

Janet M. Johnson v. Departmenl of Human Resources 

Michael L. Wright v. Departmenl of Human Resources 

Amanda F. Blount v. Departmenl of Human Resources 

Terry S. Gurganus v. Departmenl of Human Resources 

John Napoleon Window Cross Pullium v. Depl of Human Resources 

Charles F. Haag Jr. v. Departmenl of Human Resources 

Michael J. Monlroy v. Departmenl of Human Resources 

Linton Durante v. Department of Human Resources 

Timothy Rex Waddell v. Departmenl of Human Resources 

Clarence Benjamin Banks Jr. v. Departmenl of Human Resources 

Warren M. Williams v. Departmenl of Human Resources 

Dennis L. Moore v. Departmenl of Human Resources 

Dennis W. Cashion v. Department of Human Resources 

John Carroll Rodgers v. Departmenl of Human Resources 

James Edward Knox, Jr. v. Department of Human Resources 

Kimberly M. Rinaldi, Robert L. Rinaldi v. Depl. of Human Resources 

David House v. Department of Human Resources 

Jerry Wayne Blanton v. Department of Human Resources 

Antonio Slaton v. Departmenl of Human Resources 

Aquslin S. Sanchez v. Departmenl of Human Resources 

Fred Carter Jr. v. Department of Human Resources 

Ricky RallifT v. Department of Human Resources 

Willie McNeil Jr. v. Departmenl of Human Resources 

Ray Douglas Brickhouse v. Department of Human Resources 

Tyron G. Moore v. Department of Human Resources 

Paul A. Card v. Departmenl of Human Resources 

James P. Barton. Ill v. Departmenl of Hum^n Resources 

Damn Yancey v. Departmenl of Human Resources 

Douglas L. Lucas v. Departmenl of Human Resources 

Gregory D. Simpson v. Department of Human Resources 

Lewis A. Gams v. Departmeal of Human Resources 

Michael Lynn Avery v. Departmenl of Human Resources 

Elvis M. Graham v. Departmenl of Human Resources 

Shawn Fonville v. Department of Human Resources 

David Allan Blan v. Department of Human Resources 

James Lee. Jr. v. Department of Human Resources 

Noah L. Houston. Sr. v. Departmenl of Human Resources 

Wilma Lee Burton v. Departmenl of Human Resources 

Shannon Vanderaa v. Department of Human Resources 

Anthony Murray v. Departmenl of Human Resources 

Carl J. McGuire v. Departmenl of Human Resources 

Tommy L. Burchfield v. Department of Human Resources 

Virgil L. Newby v. Department of Human Resources 

Gregory A. Rodrigues v. Departmenl of Human Resources 

Nelson D. Edmonds v. Department of Human Resources 

Larry R. Bales v. Department of Human Resources 

Karl Philip Jursen v. Departmenl of Human Resources 

David Harrington v. Departmenl of Human Resources 

Sterling Womack v. Departmenl of Human Resources 



CAS 


E 




DATE OF 


NXJMBER 


AU 


DECISION 


94CSE 


1160 


Mann 


08/03/95 


94 CSE 


1184 


Mann 


05/02/95 


94 CSE 


1186 


Chess 


05/01/95 


94 CSE 


1191 


West 


05/25/95 


94 CSE 


1192 


Nesnow 


07/21/95 


94 CSE 


1193 


Becton 


06/26/95 


94 CSE 


1195 


Mann 


03/29/95 


94 CSE 


1199 


West 


07/18/95 


94 CSE 


1213 


Chess 


06/01/95 


94 CSE 


1214 


Chess 


06/01/95 


94 CSE 


1218 


Gray 


03/15/95 


94 CSE 


1219 


Gray 


03/15/95 


94 CSE 


1220 


Gray 


07/21/95 


94 CSE 


1222 


Morrison 


06/13/95 


94 CSE 


1225 


Reilly 


04/10/95 


94 CSE 


122S 


West 


03/17/95 


94 CSE 


1229 


West 


03/17/95 


94 CSE 


1231 


Nesnow 


03/03/95 


94 CSE 


1232 


Nesnow 


03/15/95 


94 CSE 


1236 


Mann 


06/02/95 


94 CSE 


1237 


Gray 


03/15/95 


94 CSE 


1238 


Gray 


11/14/95 


94 CSE 


1239 


Gray 


03/02/95 


94 CSE 


1241 


Gray 


03/15/95 


94 CSE 


1242 


Gray 


05/31/95 


94 CSE 


1244 


Morrison 


03/13/95 


94 CSE 


1245 


Morrison 


06/26/95 


94 CSE 


1246 


Morrison 


06/26/95 


94 CSE 


1247 


Morrison 


05/17/95 


94 CSE 


1248 


Morrison 


07/11/95 


94 CSE 


1249 


Morrison 


03/02/95 


94 CSE 


1250 


Morrison 


07/10/95 


94 CSE 


1251 


Reilly 


05/18/95 


94 CSE 


1254 


Reilly 


03/13/95 


94 CSE 


1255 


Reilly 


05/18/95 


94 CSE 


1256 


Reilly 


03/15/95 


94 CSE 


1257 


Reilly 


08/11/95 


94 CSE 


1258 


West 


07/21/95 


94 CSE 


1259 


West 


03/06/95 


94 CSE 


1260 


West 


05/22/95 


94 CSE 


1261 


West 


03/17/95 


94 CSE 


1262 


West 


03/17/95 


94 CSE 


1263 


West 


03/17/95 


94 CSE 


1264 


West 


03/17/95 


94 CSE 


1266 


Nesnow 


03/13/95 


94 CSE 


1267 


Nesnow 


06/02/95 


94 CSE 


1269 


Nesnow 


03/15/95 


94 CSE 


1270 


Nesnow 


03/15/95 


94 CSE 


1272 


Beeton 


03/15/95 


94 CSE 


1273 


Beclon 


07/28/95 


94 CSE 


1274 


Becton 


03/15/95 


94 CSE 


1275 


Beeton 


03/15/95 


94 CSE 


1277 


Beelon 


03/06/95 


94 CSE 


1279 


Chess 


07/26/95 


94 CSE 


1280 


Chess 


04/10/95 


94 CSE 


1284 


Chess 


04/26/95 


94 CSE 


1285 


Chess 


07/12/95 


94 CSE 


1286 


Mann 


03/21/95 


94 CSE 


1287 


Mann 


03/21/95 


94 CSE 


1288 


Mann 


08/03/95 


94 CSE 


1289 


Mann 


03/21/95 


94 CSE 


1290 


Mann 


08/11/95 


94 CSE 


1300 


Mann 


03/21/95 


94 CSE 


1301 


Gray 


07/27/95 


94 CSE 


1302 


Gray 


03/02/95 


94 CSE 


1303 


Gray 


03/15/95 


94 CSE 


1304 


Morrison 


05/22/95 


94 CSE 


1305 


Morrison 


05/18/95 



PUBLISHED DECISION 
REGISTER CITATION 



10:21 



NORTH CAROLINA REGISTER 



February 1, 1996 



2761 



CONTESTED CASE DECISIONS 



AGENCY 



Michael L. Franke v. Department of Human Resources 

Hubert Bowe v. Department of Human Resources 

Edward Filch v. Department of Human Resources 

Otis Lewis Jr. v. Department of Human Resources 

Robert F. Catoe Jr. v. Department of Human Resources 

William Anthony Winchester v. Department of Human Resources 

Aaron L. Clark v. Department of Human Resources 

Vincent R. Valles Sr. v. Department of Human Resources 

Gary W. Gibson v. Department of Human Resources 

Mark A. West v. Department of Human Resources 

John E. Bolas Jr. v. Department of Human Resources 

Gary C. Wiggins v. Department of Human Resources 

Rhonnie J. Williams v. Department of Human Resources 

Danny Ray Hensley v. Department of Human Resources 

Stanley Moore v. Department of Human Resources 

Rawn Weigel v. Department of Human Resources 

David C. Glenn v. Department of Human Resources 

Marc F. Carboni v. Department of Human Resources 

Ivy M. Harvell v. Department of Human Resources 

Terry L. McMillon v. Department of Human Resources 

Garry G. Hickman v. Department of Human Resources 

Willie Herring v. Department of Human Resources 

Joe C. Dean v. Department of Human Resources 

Jimmie E. Barnes v. Department of Human Resources 

Cecilia Carmosino v. Department of Human Resources 

Marvin F. Walker v. Department of Human Resources 

Terry L. Yoder v. Department of Human Resources 

Richard J. Almeida v. Department of Human Resources 

Gary E. Mills v. Department of Human Resources 

Michael R. French v. Department of Human Resources 

William R. Casey v. Department of Human Resources 

John A. Jackson v. Department of Human Resources 

Michael R. Roberts v. Department of Human Resources 

Kevin R. Nienke v. Department of Human Resources 

Cleothis B. Smith v. Department of Human Resources 

Leroy Johnson Jr. v. Department of Human Resources 

James Patterson v. Department of Human Resources 

Thomas Colon v. Department of Human Resources 

Walter Swimiak Jr. v. Department of Human Resources 

Michael R. Strong v. Department of Human Resources 

Marion Rodriguez v. Department of Human Resources 

Van Edward Arrington v. Department of Human Resources 

Jerry L. White Sr. v. Department of Human Resources 

Dermis James Grimes v. Department of Human Resources 

Scott John Tozzi v. Department of Human Resources 

Wylie Norris Cooper Jr. v. Department of Human Resources 

Roger A. Eaton v. Department of Human Resources 

Willie J. Flowers Jr. v. Department of Human Resources 

Jeffrey James Spence v. Department of Human Resources 

Byron C. Alston v. Department of Human Resources 

Oliver Lee Wolfe Sr. v. Department of Human Resources 

James Tracy Strickland v. Department of Human Resources 

Michael K. Reese v. Department of Human Resources 

Albert D. Johnson v. Department of Human Resources 

Johimy A. Stroud v. Department of Human Resources 

Richard G. Medford. Jr. v. Department of Human Resources 

Theresa Strader v. Department of Human Resources 

James F. Williams v. Department of Human Resources 

John Bell Shelton v. Department of Human Resources 

Kennedy C. Uzomba v. Department of Human Resources 

Marion A. Ward v. Department of Human Resources 

Robert H. Owens v. Department of Human Resources 

Samuel A. Lewis v. Department of Human Resources 

Robert Lee Wall v. Department of Human Resources 

James M. Breaden Jr. v. Department of Human Resources 

Peter G. Colcy v. Department of Human Resources 

Benjamin Nuriddin v. Department of Human Resources 

Robert L. Carter v. Department of Human Resources 



CASE 




DATE OF 


>aJMBER 


AU 


DECISION 


94 CSE 1307 


Gray 


09/21/95 


94 CSE 1308 


Mann 


05/18/95 


94 CSE 1313 


Mann 


05/02/95 


94 CSE 1314 


Mann 


03/21/95 


94 CSE 1329 


Morrison 


03/15/95 


94 CSE 1331 


Reilly 


03/15/95 


94 CSE 1332 


Reilly 


03/15/95 


94 CSE 1333 


West 


03/17/95 


94 CSE 1334 


West 


03/06/95 


94 CSE 1335 


West 


03/17/95 


94 CSE 1336 


Nesnow 


03/15/95 


94 CSE 1338 


Nesnow 


03/15/95 


94 CSE 1339 


Becton 


03/15/95 


94 CSE 1340 


Becton 


03/15/95 


94 CSE 1341 


Becton 


07/28/95 


94 CSE 1342 


Chess 


05/22/95 


94 CSE 1343 


Chess 


04/20/95 


94 CSE 1344 


Chess 


06/01/95 


94 CSE 1345 


Mann 


03/21/95 


94 CSE 1346 


Mann 


03/21/95 


94 CSE 1348 


Gray 


03/15/95 


94 CSE 1350 


Morrison 


03/02/95 


94 CSE 1351 


Morrison 


03/15/95 


94 CSE 1352 


Reilly 


03/03/95 


94 CSE 1354 


West 


03/17/95 


94 CSE 1355 


West 


03/17/95 


94 CSE 1356 


Nesnow 


10/16/95 


94 CSE 1357 


Nesnow 


03/15/95 


94 CSE 1358 


Becton 


08/29/95 


94 CSE 1359 


Becton 


03/15/95 


94 CSE 1369 


Mann 


05/02/95 


94 CSE 1370 


Mann 


03/07/95 


94 CSE 1371 


Mann 


03/21/95 


94 CSE 1372 


Gray 


07/18/95 


94 CSE 1373 


Gray 


03/15/95 


94 CSE 1377 


Mann 


03/31/95 


94 CSE 1378 


Morrison 


03/15/95 


94 CSE 1379 


Reilly 


03/15/95 


94 CSE 1382 


West 


03/17/95 


94 CSE 1383 


West 


07/18/95 


94 CSE 1385 


Nesnow 


03/03/95 


94 CSE 1386 


West 


07/18/95 


94 CSE 1387 


Nesnow 


03/15/95 


94 CSE 1388 


Becton 


03/15/95 


94 CSE 1389 


Becton 


03/15/95 


94 CSE 1391 


Mann 


08/30/95 


94 CSE 1392 


Gray 


03/09/95 


94 CSE 1393 


Morrison 


03/15/95 


94 CSE 1394 


Reilly 


03/15/95 


94 CSE 1396 


Nesnow 


03/03/95 


94 CSE 1397 


Mann 


03/31/95 


94 CSE 1398 


Mann 


03/31/95 


94 CSE 1412 


Gray 


03/31/95 


94 CSE 1413 


Gray 


06/26/95 


94 CSE 1414 


Gray 


06/27/95 


94 CSE 1415 


Morrison 


03/02/95 


94 CSE 1416 


Morrison 


03/21/95 


94 CSE 1417 


Morrison 


03/21/95 


94 CSE 1419 


Morrison 


06/26/95 


94 CSE 1420 


Reilly 


04/03/95 


94 CSE 1421 


Reilly 


03/03/95 


94 CSE 1423 


Reilly 


06/02/95 


94 CSE 1424 


Reilly 


04/03/95 


94 CSE 1425 


West 


03/31/95 


94 CSE 1426 


West 


03/31/95 


94 CSE 1427 


West 


03/31/95 


94 CSE 1429 


West 


03/31/95 


94 CSE 1430 


Nesnow 


03/24/95 



PUBLISHED DECISION 
REGISTER CITATION 



i 



i 



i 



2762 



NORTH CAROLINA REGISTER 



February 1, 1996 



10:21 



COSTESTED CASE DEClS!Oi\S 



a(;kncy 



Damn Coluinhus Baker \ . Depanmcni ot Human Resource* 

Duke William Duprc" v. Department of Human Resourceti 

Audrey Jennings v. Department ot Hun\an Resouri.es 

Robert S. Moore v. Department ot Human Resourees 

Michael A. Camp \. Department ot Human Resources 

Martin J. Miller v. Department ot Human Resources 

Ste\en L. Cox v. Department ot Human Resv'urces 

Michael P- Clear\ v. Departn\entot Human Resources 

Willie CherT\ , Jr. v Department of Human Resources 

Michael D. Guvther \ , Department of Human Re*iources 

Charlie Sluolivant v. Department of Human Resources 

William V. Glcnnon v. Department of Human Resources 

Alaster Williams v. Department ot Human Resources 

Henrv L- Gibbs v Department o\' Human Resources 

Roger Gene Fehlhaber \ Department of Human Resources 

Donald Ray Soils v. Department of Human Resource*; 

Lawrence Dow Dean v Department of Human Resources 

Beau L. Miller \ Department ot Human Resources 

Claude E Alston v. Department ot Human Resources 

Elizabeth F- West v. Department ot" Human Resources 

John H. Underwocxi \. Department of Human Resources 

James T- Dudley Jr. v Department of Human Resources 

Cornelius L. Jones v. Department of Human Resources 

Lon Da\ is Humphrc\ v Department of Human Resources 

Robert L. Freeland. Jr. v, Department of Human Resources 

Antomo DanJen O^'-D ff\2Mbil) v. Department of Human Resources 

Antonio Darden (IV-D #1280116) v Department of Human Resources 

Antomo Darden tlV-D #12333471 v. Department of Human Resources 

Leonapi Keith Morgan v Department of Human Resources 

Michael Shannon \ Department of Human Resources 

Scott Thackrah v. Department of Human Resources 

Cyrus R Luallen v Department of Human Resources 

Harold Dean Horn v Department of Human Resources 

James B Miller v Department of Human Resources 

Glenn Allison v Department of Human Resources 

Louis R Salamone v. Department of Human Resources 

Lee R, Jones v. Department of Human Resources 

Randv Noms Willis \ Department of Human Resources 

Michael E- Bellamy v. Department of Human Resources 

Eddie James Johnson \ Department of Human Resources 

Coley C- Matthews v Department of Human Resources 

W^illie J. Gadson v Department of Human Resources 

Joseph K. Gaiew'ood \ Department of Human Resources 

Donald Lee BarclitT v. Department of Human Resources 

James ^^'. Nunnery \ Department of Human Resources 

Terrance Freeman v. Department of Human Resources 

N\'illiam Leroy Watkins \ Department of Human Resources 

Bailey WTiiie v. Department of Human Resources 

Shannon Woodall v Department of Human Resources 

Peter Ian Oliveira v Department of Human Resources 

Karlyn R. Foster \ Department of Human Resources 

Ronald E. Lewis v. Department of Human Resources 

N\'esle\ Kelvin Cook v, Department of Human Resources 

Everett Lee Hunt v Department of Human Resources 

Kenneth ^^'. Cahoon \ . Department of Human Resources 

Ricky S. Blake v. Department of Human Resources 

Rick E. Atkins v. Department of Human Resources 

Timothy James Burnett v. Department of Human Resources 

Carlos L. Robinson v. Department of Human Resources 

Eddie O. Toro v. Department of Human Resources 

Timothy Mark Johnson v. Department of Human Resources 

Alan W. Karsner v. Department of Human Resources 

Walter J. Sturdivant v Department of Human Resources 

V'olna Ramone Gales v. Department of Human Resources 

Bruce Kelly Jacobs v. Department of Human Resources 

Tony Collins v. Department of Human Resources 

Ronald O. Biggs v Department of Human Resources 

Keith Dewaync Senters v Department of Human Resources 



CASK 




DAIK OK 


NUMBKK 


AIJ 


DKCISION 


34 CSE, 


14JI 


Ncsnow 


03^4/95 


"4 CSE 


14J: 


Nesnow 


03/24/95 


')4 CSE 


14J.t 


Nesnow 


03/24/95 


"^4 CSE 


1434 


Nesnow 


07/11/95 


')4 CSE 


1435 


Becton 


03/06/95 


')4 CSE 


1430 


Bcvlon 


03/06/95 


94 CSE 


1437 


Beclon 


07/28/95 


94 CSE 


1438 


Bcclon 


07/05/95 


94 CSE 


1439 


Chess 


03/03/95 


94 CSE 


1441 


Chess 


07/18/95 


94 CSE 


1442 


Chess 


06/29/95 


94 CSE 


1444 


Mann 


03/07/95 


94 CSE 


1445 


Gray 


03/02/95 


94 CSE 


144ti 


NUirrison 


03/21/95 


94 CSE 


1447 


ReilK 


04/03/95 


94 CSE 


1449 


Nesnow 


07/26/95 


94 CSE 


1450 


Gray 


06/09/95 


94 CSE 


145; 


West 


03/07/95 


94 CSE 


1454 


Nesnow 


04/17/95 


94 CSE 


1455 


Nesnow 


03/07/95 


94 CSE 


1450 


Nesnow 


04/17/95 


94 CSE 


1457 


Nesnow 


04/28/95 


94 CSE 


1458 


Nesnow 


08/10/95 


94 CSE 


1459 


Beclon 


03/06/95 


94 CSE 


1400 


Be^Ion 


04/07/95 


94 CSE 


1401 


Be^Ion 


04/07/95 


94 CSE 


1402 


Beelon 


04/07/95 


94 CSE 


1463 


Beelon 


04/07/95 


94 CSE 


1404 


Chess 


08/15/95 


94 CSE 


1400 


Chess 


06/09/95 


94 CSE 


1408 


Chess 


07/20/95 


94 CSE 


1470 


Mann 


03/31/95 


94 CSE 


1471 


Mann 


03/07/95 


94 CSE 


1472 


Mann 


03/07/95 


94 CSE 


1473 


Gray 


03/02/95 


94 CSE 


1474 


Gray 


03/09/95 


94 CSE 


1475 


Gray 


05/19/95 


94 CSE 


1470 


Momson 


03/21/95 


94 CSE 


1477 


Mornson 


03/02/95 


94 CSE 


1478 


Momson 


03/02/95 


94 CSE 


1479 


Mornson 


03/21/95 


94 CSE 


1480 


Reilly 


04/10/95 


94 CSE 


1481 


Reilly 


06/26/95 


94 CSE 


1482 


Reilly 


04/10/95 


94 CSE 


1484 


Nesnow 


04/17/95 


94 CSE 


1485 


Nesnow 


07/11/95 


94 CSE 


1480 


Nesnow 


04/17/95 


94 CSE 


1487 


Nesnow 


05/23/95 


94 CSE 


1488 


Beclon 


07/18/95 


94 CSE 


1489 


Beeton 


03/07/95 


94 CSE 


1490 


Bc^lon 


10/12/95 


94 CSE 


1491 


Beeion 


03/07/95 


94 CSE 


1492 


Becton 


04/07/95 


94 CSE 


1493 


Chess 


06/01/95 


94 CSE 


1494 


Chess 


07/12/95 


94 CSE 


1495 


Chess 


06/22/95 


94 CSE 


1496 


Chess 


06/28/95 


94 CSE 


1498 


Chess 


07/20/95 


94 CSE 


1499 


Mann 


03/31/95 


94 CSE 


1500 


Mann 


03/31/95 


94 CSE 


1502 


Mann 


05/02/95 


94 CSE 


1503 


Mann 


05/02/95 


94 CSE 


1504 


Gray 


06/26/95 


94 CSE 


1505 


Gray 


04/07/95 


94 CSE 


1508 


Gray 


03/31/95 


94 CSE 


1511 


Gray 


03/02/95 


94 CSE 


1512 


Gray 


04/07/95 


94 CSE 


1513 


Gray 


04/28/95 



PUBI.ISIIKI) DKCISION 
RKCISTKR CITATHW 



10:21 



NORTH CAROLINA REGISTER 



February 1, 1996 



2763 



CONTESTED CASE DECISIONS 



AGENCY 



Walter E. Champion Jr. v. Departmenl of Human Resources 

Marvin B. Harris v. Department of Human Resources 

Jay C. Edwards, lU v. Department of Human Resources 

William Hyman v. Department of Human Resources 

David M. Manson v. Department of Human Resources 

Mahalon E. V^Tiite v. Department of Human Resources 

Dennis Ray Alexander v. Department of Human Resources 

Joseph R- & Linda M. Grooms v. Departmenl of Human Resources 

Robert M. Martin v. Department of Human Resources 

Ashlon Berry Gatlin v. Department of Human Resources 

Louis Cragg III v. Department of Human Resources 

Dennis Micheal Sanders v. Department of Human Resources 

Anthony Bonini v. Department of Hum^n Resources 

Jerry Wallace v. Department of Human Resources 

John D. Twine Sr. v. Department of Human Resources 

David A. Gaskins v. Department of Human Resources 

Kevin Er\'in Kelley v. Department of Human Resources 

Nathaniel Ashford v. Department of Human Resources 

Gilbert S. McLeod v. Departmenl of Human Resources 

Ellen Downing v. Department of Human Resources 

Charles R. Hauley v. Department of Human Resources 

Michael L. Schadler v. Department of Human Resources 

Owen B. Fisher Jr. v. Department of Human Resources 

Robin Delmar Goods v. Department of Human Resources 

Julio Alvarado Jr. v. Departmenl of Human Resources 

Thomas A. Morgan v. Departmenl of Human Resources 

Terrence R. McLaughlin v. Departmenl of Human Resources 

Johnnie V. Johnson v. Departmenl of Human Resources 

Ward F. Miller v. Department of Human Resources 

Joel P. Roth V. Department of Human Resources 

Alward T. Warren v. Department of Human Resources 

Monte Harwell v. Departmenl of Human Resources 

Albert Noah Dunlap v. Department of Human Resources 

James E. Davis v. Department of Human Resources 

Roger T. Benoy v. Department of Human Resources 

Spencer P. Johnson v. Department of Human Resources 

James A. Bryant v. Department of Human Resources 

Conrade Dunklin v. Department of Human Resources 

Kenneth J. Balfour v. Department of Human Resources 

Tony Thomas v. Departmenl of Human Resources 

Willie A. Harris v. Department of Human Resources 

Waller T. Townsend Jr. v. Department of Human Resources 

Martin A. Greene v. Departmenl of Human Resources 

Dennis W. Nolan v. Department of Human Resources 

Roderick Odell Adams v. Department of Human Resources 

Jonathan L. Payne II v. Department of Human Resources 

Charles Scott Wilhoit v. Department of Human Resources 

Mickey Bridgett v. Department of Human Resources 

John Kimmons v. Department of Human Resources 

William Michael Harris v. Department of Human Resources 

Randolph J. Nunn v. Departmenl of Human Resources 

David Lester Gordon v. Department of Human Resources 

Larry James Walker, Jr. v. Department of Hum^n Resources 

Wade A. Burgess v. Department of Human Resources 

Gary Jones v. Department of Human Resources 

Anthony Harrison v. Departmenl of Human Resources 

Eddie L. Oliver IH v. Department of Human Resources 

Michael D. Tyree v. Department of Human Resources 

Edward Fisher v. Department of Human Resources 

Lcroy Jones v. Department of Human Resources 

Bernard Cooper v. Departmenl of Human Resources 

William Gray v. Departmenl of Human Resources 

Edward Lockhart v. Department of Human Resources 

Duane B. Marshbum v. Department of Human Resources 

Jimmy R. Jackson v. Department of Human Resources 

Mark A. Jones v. Department of Human Resources 

Ondino Damota Freilas v. Departmenl of Human Resources 

Tony MoQzell Perry v. Departmenl of Human Resources 



CASE 




DATE OF 


NUMBER 


ALJ 


DECISION 


94 CSE 1515 


Morrison 


08/04/95 


94 CSE 1533 


Morrison 


03/02/95 


94 CSE 


1534 


Morrison 


04/06/95 


94 CSE 


1535 


Morrison 


06/26/95 


94 CSE 


1536 


Morrison 


09/21/95 


94 CSE 


1537 


Morrison 


04/06/95 


94 CSE 


1538 


Reilly 


03/03/95 


94 CSE 


1539 


ReiUy 


03/07/95 


94 CSE 


1541 


ReiUy 


03/07/95 


94 CSE 


1542 


ReiUy 


04/10/95 


94 CSE 


1543 


West 


03/06/95 


94 CSE 


1544 


West 


06/23/95 


94 CSE 


1545 


West 


07/18/95 


94 CSE 


1546 


West 


08/25/95 


94 CSE 


1547 


West 


07/18/95 


94 CSE 


154S 


West 


05/22/95 


94 CSE 


1549 


Nesnow 


06/02/95 


94 CSE 


1551 


Nesnow 


07/26/95 


94 CSE 


1552 


Nesnow 


09/28/95 


94 CSE 


1553 


Nesnow 


03/30/95 


94 CSE 


1554 


Bee ton 


03/07/95 


94 CSE 1555 


Bee ton 


03/07/95 


94 CSE 


1562 


Bee ton 


04/07/95 


94 CSE 


1563 


Bee ton 


04/07/95 


94 CSE 


1564 


Bee ton 


05/22/95 


94 CSE 


1567 


Chess 


06/02/95 


94 CSE 


1569 


Chess 


03/07/95 


94 CSE 


1570 


Chess 


06/28/95 


94 CSE 


1571 


Chess 


04/19/95 


94 CSE 


1572 


West 


03/14/95 


94 CSE 


1573 


West 


03/31/95 


94 CSE 


1576 


West 


07/18/95 


94 CSE 


1577 


ReiUy 


04/10/95 


94 CSE 157S 


Reilly 


04/10/95 


94 CSE 


1579 


ReiUy 


03/03/95 


94 CSE 


1580 


ReiUy 


04/10/95 


94 CSE 


1582 


Morrison 


04/06/95 


94 CSE 


1583 


Morrison 


04/06/95 


94 CSE 


1584 


Morrison 


03/07/95 


94 CSE 


1585 


Morrison 


07/26/95 


94 CSE 1586 


Morrison 


04/06/95 


94 CSE 1587 


Gray 


04/28/95 


94 CSE 1588 


Gray 


08/11/95 


94 CSE 1590 


Gray 


03/31/95 


94 CSE 


1591 


Gray 


04/07/95 


94 CSE 


1592 


Morrison 


04/06/95 


94 CSE 


1594 


ReiUy 


04/21/95 


94 CSE 


1595 


West 


05/08/95 


94 CSE 


1596 


Nesnow 


04/17/95 


94 CSE 


1605*" 


Chess 


01/16/96 


94 CSE 


1608 


Mann 


03/21/95 


94 CSE 


1609 


Maun 


03/13/95 


94 CSE 


1610 


Chess 


06/01/95 


94 CSE 


1611 


Chess 


06/09/95 


94 CSE 


1612 


Chess 


07/12/95 


94 CSE 


1615 


Becton 


04/07/95 


94 CSE 


1616 


Bee ton 


07/10/95 


94 CSE 


1619 


Becton 


04/07/95 


94 CSE 


1621 


Becton 


04/07/95 


94 CSE 


1622 


Nesnow 


07/05/95 


94 CSE 


1623 


Nesnow 


04/17/95 


94 CSE 1645 


Becton 


04/25/95 


94 CSE 


1646 


Chess 


06/02/95 


94 CSE 


1647 


Mann 


08/03/95 


94 CSE 


1648 


Gray 


03/09/95 


94 CSE 


1649 


Morrison 


03/07/95 


94 CSE 


1650 


Reilly 


03/07/95 


94 CSE 


1651 


West 


04/07/95 



PUBLISHED DECISION 
REGISTER CITATION 



2764 



NORTH CAROLINA REGISTER 



February 1, 1996 



10:21 



CONTESTED CASE DECISIONS 



AGENCY 



Frank M. Swett v. Department of Human Resources 
James B. Stokes Jr. v. Department of Human Resources 
Edith Christine Spurlock v. Department of Human Resources 
Andrew P. Jergens v. Department of Human Resources 
Nelson Bennett v. Department of Human Resources 
Eric L. McDonald v. Department of Human Resources 
James A. Caldwell v. Department of Human Resources 
Kevin Close v. Department of Human Resources 
Stephen L. Blankenship v. Department of Human Resources 
Herbert T. Robertson v. Department of Human Resources 
Rodney DC Barnes v. Department of Human Resources 
Kenny R. Bradshaw v. Department of Human Resources 
Eddie Harris Jr. v. Department of Human Resources 
Ronnie P. Stephens v. Department of Human Resources 
Anthony B. Gardner v. Department of Human Resources 
Darrcll Wayne Sadler v. Department of Human Resources 
Timothy C. Okeke v. Department of Human Resources 
Lewis M. Scarborough v. Department of Human Resources 
Manuel F. Isia v. Department of Human Resources 
Robert Larry Martin v. Department of Human Resources 
Dwane M. Williams v. Department of Human Resources 
Joseph O. Evans v. Department of Human Resources 
Donald E. Kirby v. Department of Human Resources 
Darell D. Gautier v. Department of Human Resources 
Paul R. Ross V. Department of Human Resources 
Bobby Dain Massey v. Department of Human Resources 
Mandel Curry Edwards v. Department of Human Resources 
Carol Jeanne Deese v. Department of Human Resources 
James Wright Jr. v. Department of Human Resources 
Joyce Ann Wilkinson v. Department of Human Resources 
Lcvem Wilson, Jr. v. Department of Human Resources 
Michael A. Bradford v. Department of Human Resources 
dayman R. Norfleet v. Department of Human Resources 
Johnny C. Cole v. Department of Human Resources 
Rasoul Behboudi v. Department of Human Resources 
David L. Hill v. Department of Human Resources 
Keith Matthews v. Department of Human Resources 
Ernest N. Pruitt, Jr. v. Department of Human Resources 
Troy Cage v. Department of Human Resources 
Clyde R. Gaither v. Department of Human Resources 
Randy E. Baker v. Department of Human Resources 
James Glenn Locklear v. Department of Human Resources 
Walter Swimiak v. Department of Human Resources 
William Rann v. Department of Human Resources 
Inez Brown v. Department of Human Resources 
Matthew L. Ward v. Department of Human Resources 
Sanders Gilliard Hunter v. Department of Human Resources 
James A. Bishop Jr. v. Department of Human Resources 
Mark C. Bushrod v. Department of Human Resources 
Antoine D. Jones v. Department of Human Resources 
Bennie L. Little v. Department of Human Resources 
Yvonne Butler v. Department of Human Resources 
Derrick Leon Henry v. Department of Human Resources 
Raul A. Dinzey v. Department of Human Resources 
David Dean Davis v. Department of Human Resources 
Frank McGirt v. Department of Human Resources 
Kelly Thomas Felty v. Department of Human Resources 
Robert Lee Elliott v. Department of Human Resources 
Kelvin M. Tarlton v. Department of Human Resources 
Clarence O. Hilliard v. Department of Human Resources 
Larry James McGirt v. Department of Human Resources 
Alonzo Wilson v. Department of Human Resources 
Reginald Hill v. Department of Human Resources 
Rhonda D. Deaton v. Department of Human Resources 
William Michael Harris v. Department of Human Resources 
Timothy W. Barber v. Department of Human Resources 
Rudolph C. Williams v. Department of Human Resources 
John K. Bostic v. Department of Human Resources 



CASE 




DATE OF 


^aIMBER 


AU 


DECISION 


94 CSE 1652*= 


Reilly 


05/16/95 


94 CSE 1653 


Becton 


04/07/95 


94 CSE 1654 


Chess 


07/19/95 


94 CSE 1655 


Mann 


05/22/95 


94 CSE 1656 


Gray 


03/02/95 


94 CSE 1657 


Morrison 


04/06/95 


94 CSE 1658 


Reilly 


12/12/95 


94 CSE 1677 


West 


08/10/95 


94 CSE 1678 


Becton 


07/28/95 


94 CSE 1679 


Chess 


06/28/95 


94 CSE 1680 


Mann 


11/16/95 


94 CSE 1700 


Reilly 


04/10/95 


94 CSE 1702 


Becton 


04/07/95 


94 CSE 1703 


Chess 


06/28/95 


94 CSE 1704 


Mann 


05/02/95 


94 CSE 1723 


Morrison 


12/06/95 


94 CSE 1724 


Reilly 


08/08/95 


94 CSE 1725 


West 


05/25/95 


94 CSE 1749*'" 


Becton 


07/28/95 


94 CSE 1750 


Chess 


03/21/95 


94 CSE 1759 


Nesnow 


06/09/95 


94 CSE 1766 


Chess 


03/21/95 


94 CSE 1767 


Reilly 


03/03/95 


94 CSE 1768 


Mann 


08/03/95 


94 CSE 1778 


West 


03/06/95 


94 CSE 1798 


Gray 


04/27/95 


94 CSE 1799*' 


Gray 


05/31/95 


94 CSE 1814 


Morrison 


04/27/95 


94 CSE 1826 


Nesnow 


07/11/95 


95 CSE 0071 


Becton 


04/04/95 


95 CSE 0073 


Chess 


06/28/95 


95 CSE 0116 


Mann 


05/25/95 


95 CSE 0117 


Morrison 


07/11/95 


95 CSE 0118 


Reilly 


06/22/95 


95 CSE 0147 


West 


05/18/95 


95 CSE 0200 


Becton 


08/29/95 


95 CSE 0205 


Chess 


07/19/95 


95 CSE 0206 


Phipps 


07/21/95 


95 CSE 0207 


Phipps 


07/26/95 


95 CSE 0208 


Phipps 


07/31/95 


95 CSE 0226 


Nesnow 


07/28/95 


95 CSE 0229 


Phipps 


07/31/95 


95 CSE 0230 


West 


07/18/95 


95 CSE 0273 


Phipps 


06/27/95 


95 CSE 0279 


Phipps 


07/21/95 


95 CSE 0280 


Phipps 


06/27/95 


95 CSE 0284 


Phipps 


05/22/95 


95 CSE 0292 


Gray 


08/07/95 


95 CSE 0297 


Morrison 


07/26/95 


95 CSE 0300 


Reilly 


07/21/95 


95 CSE 0313 


Morrison 


07/21/95 


95 CSE 0319 


Becton 


09/18/95 


95 CSE 0321 


Chess 


07/17/95 


95 CSE 0344 


Mann 


08/03/95 


95 CSE 0350 


Phipps 


07/26/95 


95 CSE 0351 


Gray 


08/07/95 


95 CSE 0360 


Morrison 


08/07/95 


95 CSE 0369 


Reilly 


10/09/95 


95 CSE 0370 


West 


07/26/95 


95 CSE 0371 


Reilly 


05/25/95 


95 CSE 0389 


Nesnow 


08/10/95 


95 CSE 0414 


Becton 


07/28/95 


95 CSE 0438 


Becton 


07/21/95 


95 CSE 0489 


Becton 


07/05/95 


95 CSE 0490*'= 


Chess 


01/16/96 


95 CSE 0491 


Phipps 


08/07/95 


95 CSE 0492 


Gray 


07/18/95 


95 CSE 0493 


Nesnow 


08/02/95 



PUBLISHED DECISION 
REGISTER CITATION 



10:21 



NORTH CAROLINA REGISTER 



February 1, 1996 



2765 



CONTESTED CASE DECISIONS 



AGENCY 



Eva T. Wilson v. Department of Human Resources 

Robert Lee Smith, Jr. v. Department of Human Resources 

Dave L. James v. Department of Human Resources 

Robert Lee Bullock v. Department of Human Resources 

Aug:usta Hepburn v. Department of Human Resources 

Kenneth Walter Dudney v. Department of Human Resources 

Michael Walts Sr. v. Department of Human Resources 

Chris Brown v. Department of Human Resources 

Kenneth Collins v. Department of Human Resources 

Walter Richardson, Jr. v. Department of Human Resources 

James M. Melvin v. Department of Human Resources 

Alvin L. Martin v. Department of Human Resources 

Kirk Shannon Baker v. Department of Human Resources 

Reginald L. Woods v. Department of Human Resources 

Willie Gadson v. Department of Human Resources 

Eddie Harris Jr. v. Department of Human Resources 

Bruce Coleman v. Department of Human Resources 

Cerulean Fethcrson v. Department of Human Resources 

Willie M. Herring v. Department of Human Resources 

Jerry Robert Hahn v. Department of Human Resources 

John Milton Lcatherman v. Department of Human Resources 

Donald D. Cummings v. Department of Human Resources 

Norman Hunt v. Department of Human Resources 

Carl Bernard Falls v. Department of Human Resources 

Keith L. Rosebud v. Department of Human Resources 

Johnny Victor Debity v. Department of Human Resources 

David C. Glenn v. Department of Human Resources 

Donald (Giendon) Ryan v. Department of Human Resources 

David C. Lupfer v. Department of Human Resources 

Joseph R. & Linda M. Grooms v. Department of Human Resources 

Wilbert W. Moore v. Department of Human Resources 

Newton Price v. Department of Human Resources 

Kennedy C. Uzomba v. Department of Human Resources 

Ronald E. Lewis v. Department of Human Resources 

Tommy R. Jackson v. Department of Human Resources 

Perry R. Baker v. Department of Human Resources 

Jerome Maddox Jr. v. Department of Human Resources 

Derrick C. Humphrey v. Department of Human Resources 

Augusta Hepburn v. Department of Human Resources 

Kenneth B. Whitmire v. Department of Human Resources 

Dexter A. Owens v. Department of Human Resources 

Terry L. Yoder v. Department of Human Resources 

Larry E. Harbaugh v. Department of Human Resources 

Lee R. Jones v. Department of Human Resources 



Distribution Child Support 
Lisa J. Hill v. DHR, Div. of Social Svcs.. Child Support Enf. Section 95 DCS 0239 

Hoke County Social Services 
Mr. and Mrs. William Jefferson v. Hoke Cty Soc Svcs, Linda Cromartie 95 DHR 0857 

Rockingham County Department of Social Services 
Crystean Fields v. Rockingham County DSS 95 DHR 0316 

"Wake County Social Services 



CASE 




DATE OF 


^^UMBER 


AU 


DECISION 


95 CSE 0520 


Rcilly 


07/21/95 


95 CSE 0528 


West 


08/25/95 


95 CSE 0539 


Mann 


07/21/95 


95 CSE 0559 


Phipps 


07/31/95 


95 CSE 0573 


Gray 


08/28/95 


95 CSE 0575 


Morrison 


09/12/95 


95 CSE 0628 


Ncsnow 


09/26/95 


95 CSE 0695 


Phipps 


08/25/95 


95 CSE 0709 


Chess 


10/27/95 


95 CSE 0710 


Chess 


09/26/95 


95 CSE 0719 


Phipps 


10/10/95 


95 CSE 0733 


Gray 


10/05/95 


95 CSE 0734 


Morrison 


10/06/95 


95 CSE 0759 


Reilly 


11/08/95 


95 CSE 0783 


Nesnow 


10/26/95 


95 CSE 0814 


Becton 


09/28/95 


95 CSE 0896 


Chess 


12/15/95 


95 CSE 0900 


Phipps 


11/07/95 


95 CSE 0913 


Gray 


09/25/95 


95 CSE 0997 


Nesnow 


01/03/96 


95 CSE 


1096 


Morrison 


12/19/95 


95 CSE 


1130 


Gray 


01/03/96 


95 CSE 


1160 


West 


12/12/95 


95 CSE 1183 


Morrison 


12/11/95 


95 CSE 


1212 


Gray 


12/18/95 


95 CSE 


1223 


Chess 


01/17/96 


95 CSE 


1225 


Gray 


12/11/95 


95 CSE 


1226 


Morrison 


01/03/96 


95 CSE 


1228 


West 


01/03/96 


95 CSE 


1229 


Nesnow 


01/18/96 


95 CSE 


1269 


West 


12/18/95 


95 CSE 


1272 


Chess 


01/18/96 


95 CSE 


1279 


Bectoa 


12/18/95 


95 CSE 


1282 


Gray 


12/18/95 


95 CSE 


1293 


West 


01/11/96 


95 CSE 


1299 


Morrison 


12/11/95 


95 CSE 


1327 


Nesnow 


01/03/96 


95 CSE 


1348 


West 


01/03/96 


95 CSE 


1370 


Phipps 


01/05/96 


95 CSE 


1372 


Gray 


01/05/96 


95 CSE 


1378 


Chess 


12/14/95 


95 CSE 


1379 


Phipps 


01/03/96 


95 CSE 


1415 


Gray 


01/05/96 


95 CSE 


1434 


Nesnow 


01/05/96 



P^mLISHED DECISION 
REGISTER CITATION 



Phipps 



Gray 



Reilly 



05/02/95 



08/17/95 



06/01/95 



Grace A. Wright v. Wake County Social Services., Suzanne Woodell 
and Craig Glenn 



94 DHR 1618 Chess 



Division of Vocational Rehabilitation Service 

Marcus Bryan Sloan, IE v. Division of Vocational Rehabilitation Service 95 DHR 1000 
INSURANCE 



Chess 



05/03/95 



11/15/95 



2766 



NORTH CAROLINA REGISTER 



February I, 1996 



10:21 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



Grace F. Watkins v. Teachere* & St. Emp. Comp. Major Med. Plan 94 INS 1639 Chess 05/24/95 

Billy Gene Campbell v. Department of Insurance 95 INS 0143 Reilly 04/20/95 

Karen Wingert Bunch v. Teachers' & St. Emp. Comp. Major Med. Plan 95 INS 0243 Morrison 07/21/95 

Gladys M. Dillaid v. Teachers' & St. Emp. Comp. Major Med. Plan 95 INS 0619 Chess 12/05/95 

JUSTICE 



Alarm Systems Licensing Board 

Patrick P. Sassman v. Alarm Systems Licensing Board 
Chad R. Fuller v. Alarm Systems Licensing Board 
Malcolm K. Tcague v. Alarm Systems Licensing Board 

Education and Training Standards Division 

Richard Terry Locklear v. Criminal Justice Ed. & Training Stds. Comm. 
and 

Sheriffs' Education and Training Standards Commission 
Ricky Dale McDevitt v. Sheriff's Ed. & Training Stds. Comm. 
Reginald Keith Goffington v. Ciminal Justice Ed. & Training Stds. Comm. 
Nervin Joseph DeDeaux v. Criminal Justice Ed. & Training Stds. Comm. 
Tony Lamont Blackmon v. Criminal Justice Ed, & Training Stds. Comm. 
Constance F. Lawrence v. Sheriff's Ed. & Training Stds. Comm. 
Alexander Douglas Jones v. Criminal Justice Ed. & Training Stds. Comm. 
Kathy O. Boyes v. Sheriff^s Education & Training Standards Comm. 
Marilyn Jean Britt v. Sheriff^s Ed. & Training Stds. Comm. 
Antonio Tremont Davis v. Sheriff's Ed. & Training Stds. Comm. 
Amy Rebecca Batcheler v. Sheriff's Ed. & Training Stds. Comm. 
Richard Terry Locklear v. Criminal Justice Ed. & Training Stds. Comm. 
and 

Sheriffs' Education and Training Standards Commission 
Richard Dan Wuchte v. Criminal Justice Ed. & Training Stds. Comm. 
Henry Roger Judd v. Sheriff's Ed. & Training Stds. Comm. 
Daryl Tyrone Beard v. Criminal Justice Ed. & Training Stds, Comm 
Leslie Earl Jones v. Sheriff's Ed. & Training Standards Commission 
Jewel T. Braswell v. Criminal Justice Ed. & Training Stds. Comm. 
George H. Powell Jr. v. Criminal Justice Ed. &. Training Stds. Comm. 
Maik Jason Smith v. Sheriff's Ed. & Training Stds. Comm. 
Bryan Keith Bradley v. Sheriff's Ed. & Training Standards Commission 
Joyce Williams Andrews v. Sheriff's Ed. & Training Stds. Comm. 
Ernie Lowery v. Criminal Justice Ed. & Training Standards Commission 
Jeffrey Andre Jenkins v. Criminal Justice Ed. & Training Stds. Comm. 

Private Protective Services Board 



94 DOJ 1825 


Reilly 


03/09/95 


95 DOJ 0716 


West 


08/18/95 


95 DOJ 0765 


Nesnow 


10/19/95 



94 DOJ 1006*" 


West 


10/30/95 


10:17 NCR 2255 


94 DOJ 1710 


Nesnow 


05/04/95 


10:05 NCR 324 


95 DOJ 0028 


Becton 


06/08/95 




95 DOJ 0029 


Reilly 


05/16/95 




95 DOJ 0043 


Reilly 


06/02/95 




95 DOJ 0076 


Morrison 


04/06/95 




95 DOJ 0101 


MorriBon 


06/13/95 


10:07 NCR 627 


95 DOJ 0134 


West 


01/11/96 




95 DOJ 0172 


Gray 


08/03/95 




95 DOJ 0298 


Phipps 


08/08/95 




95 DOJ 0364 


West 


08/16/95 




95 DOJ 0365*" 


West 


10/30/95 


10:17 NCR 2255 


95 DOJ 0401 


Nesnow 


06/07/95 




95 DOJ 0431 


Nesnow 


08/02/95 




95 DOJ 0566 


Gray 


10/11/95 




95 DOJ 0726 


Becton 


12/22/95 


10:20 NCR 2646 


95 DOJ 0730 


Phipps 


09/11/95 




95 DOJ 0784 


Phipps 


09/08/95 




95 DOJ 0795 


Gray 


08/14/95 




95 DOJ 0796 


Reilly 


11/28/95 




95 DOJ 0881 


Morrison 


01/11/96 




95 DOJ 0898 


Nesnow 


11/17/95 




95 DOJ 1408 


Phipps 


07/31/95 





Lewis Austin Saintsing v. Private Protective Services Board 
Marcus T. Williams v. Private Protective Services Board 
Melvin Ray Cooper v. Private Protective Services Board 
Donnell E. Morrow, Jr. v. Private Protective Services Board 
Private Protective Services Board v. James C. Purvis 
Private Protective Services Board v. Samuel O. Smith 
Jann Mitchell Stanley v. Private Protective Services Board 
Donald Wayne Clark v. Private Protective Services Board 
Richard Frank v. Private Protective Services Board 
Marvin E. Shackleford v. Private Protective Services Board 
Julius T. Fairley v. Private Protective Services Board 
James L. McLeary, Jr. v. Private Protective Services Board 
Bobby E. Smithey v. Private Protective Services Board 
Frederick B. Moore, Jr. v. Private Protective Services Board 
Daniel C. Ingleae v. Private Protective Services Board 
Walter Lee Watson v. Private Protective Services Board 
Charles Ray Gable v. Private Protective Services Board 
Richard Dulin, Jr. v. Private Protective Services Board 
Robert Baxter McGuire, Sr. v. Private Protective Services Board 
Robert Conrad Martin v. Private Protective Services Board 
Larry C. Tant v. Private Protective Services Board 
Robert E. Brown v. Private Protective Services Board 
Raymond Douglas Boggs v. Private Protective Services Board 



94 DOJ 1000 


Chess 


03/03/95 




94 DOJ 1064 


Chess 


02/24/95 




94 DOJ 1635 


Reilly 


03/09/95 




94 DOJ 1823 


Reilly 


03/09/95 




95 DOJ 0018 


Chess 


05/15/95 




95 DOJ 0133 


Chess 


05/09/95 




95 DOJ 0420 


Morrison 


05/24/95 




95 DOJ 0444 


Phipps 


07/14/95 


10:09 NCR 805 


95 DOJ 0610 


Phipps 


08/10/95 




95 DOJ 0611 


Phipps 


07/18/95 




95 DOJ 0612 


Phipps 


07/20/95 




95 DOJ 0613 


Phipps 


07/18/95 




95 DOJ 0717 


West 


08/23/95 


10:12 NCR 1039 


95 DOJ 0766 


Morrison 


09/01/95 




95 DOJ 0767 


Morrison 


08/30/95 




95 DOJ 0768 


West 


10/09/95 




95 DOJ 0975 


Gray 


10/17/95 




95 DOJ 0976 


Gray 


12/29/95 




95 DOJ 0977 


Gray 


10/17/95 




95 DOJ 1122 


Chess 


12/22/95 




95 DOJ 1124 


Chess 


12/19/95 




95 DOJ 1134 


Chess 


12/28/95 




95 DOJ 1138 


Reilly 


11/30/95 





10:21 



NORTH CAROLINA REGISTER 



February 1, 1996 



2767 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



AU 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



LABOR 

Occupational Safety i Health Division 

Lenoir County Public Schools v. Department of Labor, OSHA 95 DOL 0218 

Private Personnel Service Division 

Employment Consultants, Inc. v. Private Personnel Service Division 95 DOL 0209 

Wage and Hour Division 

R.J. Scotl, Pres. Pirate Enterprises, Inc. v. Labor, Wage & Hour Div. 94 DOL 1524 
McDonald's Corporation v. Department of Labor, Wage & Hour Division 95 E>OL 1170 

PRACTICING PSYCHOLOGISTS 



John E. Miller v. Psychology Board 

PUBLIC INSTRUCTION 

Glenn n, on behalf of Glenn 11, and Glenn 11, Individually v. Charlotte- 
Mecklenburg County Schools 
Donna Marie Snyder v. Department of Public Instruction 
S.M. on Behalf of J. A.M., and S.M., Individually, and J.M. v. Davie 

County Board of Education 
William Hewett v. Slate Board of Education 
James Midgette v. State Board of Education 
Linda Howard v. Lenoir County Public Schools 
Deborah R. Crouse v. Slate Board of Education 
Haydn Stewart Hasty v. State Board of Education 
Bobby G. Little v. Department of Public Instruction 
Tonya Marie Snipes and Robert Leon Snipes v. Orange County Schools 
Vance County Schools v. Haywood Yarborough 
Laveme K. Suggs v. Department of Public Instruction 
Lavern K. Suggs v. Guilford County Schools 
Keimeth G.H. Leftwich v. State Board of Education 
Madeline J- Taylor v. Department of Public Instruction 
William Andrew McCullough v. Public Instruction, Licensure Section 
Bobby Jean L. Chavis v. Department of Public Instruction 
Nancy L. Bauman v. Chapel Hill/Carrboro City School System 

STATE BAR 



95 BPP 0629 



95 BAR 0861 



Hlillip S. Banks, III v. North Carolina Slate Bar 

STATE PERSONNEL 

Department of Administration 

Bessie R. Hubbard v. State Construction Office, Dept. of Admimslration 94 OSP 1684 

Appalachian State University 

Theresa Louise Whittington v. Appalachian Stale University 95 OSP 0698 

Caswell County Health Department 



Delia Brown v. Caswell County Health Department 
Julie R. Johnson v. Caswell County Health Department 



94 OSP 0834 
94 OSP 0865 



N.C. Central University 

Peter A. Fore v. N.C. Central University 93 OSP 0189 

Department of Commerce 

T. Sherwood Jemigan v Dept. of Commerce, Savings Institution Div. 94 OSP 0775 



Nesnow 



Morrison 



West 
West 



Nesnow 



Morrison 



Becton 



Phipps 



Nesnow 
Rcilly 



Nesnow 



West 



05/01/95 



07/07/95 



03/23/95 
01/11/96 



09/12/95 



08/18/95 



01/11/96 



12/08/95 



06/12/95 
03/15/95 



06/13/95 



05/25/95 



i 



93 EDC 0549 


Chess 


03/16/95 




93 EDC 0731 


Chess 


10/11/95 




93 EDC 0742 


Phipps 


05/30/95 




94 EDC 0533 


Gray 


03/31/95 


10:02 NCR 179 


94 EDC 1401 


Reilly 


05/02/95 




94 EDC 1788 


Mann 


01/11/96 




95 EDC 0003 


Chess 


04/10/95 




95 EDC 0027 


Reilly 


10/09/95 


10:15 NCR 1632 


95 EDC 0168 


Phipps 


03/20/95 




95 EDC 0225 


Mann 


05/15/95 




95 EDC 0235 


Mann 


08/04/95 




95 EDC 0384 


Nesnow 


07/12/95 




95 EDC 0385 


Nesnow 


06/02/95 




95 EDC 0405 


Nesnow 


05/25/95 




95 EDC 0525 


Phipps 


10/25/95 




95 EDC 0915 


Gray 


10/30/95 




95 EDC 0940 


Gray 


12/18/95 




95 EDC 1088 


Mann 


12/21/95 





i 



10:21 NCR 2773 



( 



2768 



NORTH CAROLINA REGISTER 



February 1, 1996 



10:21 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



AU 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



94 DSP 1530 Chess 



Department of Community Colleges 

Sheila M. Thompson v. Department of Community Colleges 

Department of Correction 

Nancy Gilchrist v. Department of Correction 

Howard Gray Sadler v. Correction, Div. of Adult Probation/Parole 

Thomas Wayne Smathcrs v. Department of Correction 

George J. McClease, Jr. v. Department of Correction 

Gaius Wells v. Department of Correction 

Nancy C. Walker v. Department of Correction 

Jeffrey Leonard Jenlcins v. Dept of Correction/Piedmont Correctional Inst 

Ruth Kearney v. Department of Correction 

Ann R. Fletcher v. Department of Correction 

Odell Davis v. Department of Correction 

James W. Hughes v. Department of Correction, Blue Ridge Unit Avery 

Dennis Harrell v. Department of Correction 

William E. Norwood, Jr. v. Department of Correction 

Brent Macemore v. Department of Correction 

Shelby Gorham-Teel v. Department of Correction 

Larry Riddle v. Department of Correction 

William D. Bryant Jr. v. Department of Correction 

Eric Little v. Department of Correction, Morrison Youth Institution 

John R. Yates v. Department of Correction 

Dana K. Nance v. Department of Correction 

Cynthia R. Steven v. N.C. Women's Prison 

Mark R. Murphy v. Department of Correction 

Haydee C. Craver v. Department of Correction 

Department of Crime Control and Public Strfety 



Betty Sue Whitley v. National Guard Dept. Crime Control & Public Safety94 OSP 1399 
Robert W. Beasley v. Crime Control & Public Safety, St. Highway Patrol 94 OSP 1821 
Robert L. Whitesell v. Crime Control & Public Safety, St. Highway Patrol95 OSP 0738 
Gene Wells v. Crime Control & Public Safety, Div. State Highway Patrol 95 OSP 0835*'' 
Gene Wells v. Crime Control & Public Safety, Div. State Highway Patrol 95 OSP 0936*" 



Office of the District Attorney 

Shannon Caudill v. Office of the District Attorney for Judicial 
District 17-B, and Administrative Office of the Courts 



11/01/95 



10:17 NCR 2272 



94 OSP 0121 


West 


03/09/95 




94 OSP 0332 


West 


05/15/95 




94 OSP 0590 


West 


03/23/95 




94 OSP 0644 


Gray 


04/19/95 




94 OSP 0684 


West 


10/12/95 


10:15 NCR 1610 


94 OSP 1206 


Gray 


08/18/95 




94 OSP 1802 


West 


11/29/95 




94 OSP 1807 


Becton 


03/13/95 




95 OSP 0123 


Chess 


08/21/95 




95 OSP 0244 


Gray 


09/21/95 




95 OSP 0334 


Becton 


07/25/95 




95 OSP 0440 


Phipps 


09/05/95 


10:13 NCR 1209 


95 OSP 0500 


Gray 


08/16/95 




95 OSP 0501 


Chess 


12/12/95 




95 OSP 0536 


Reilly 


10/23/95 




95 OSP 0570 


West 


10/18/95 




95 OSP 0645 


West 


12/15/95 




95 OSP 0658 


Phipps 


10/18/95 




95 OSP 0688 


Becton 


12/19/95 




95 OSP 0722 


Gray 


01/18/96 




95 OSP 0829 


Chess 


10/24/95 




95 OSP 1047 


Nesnow 


10/26/95 




95 OSP 1357 


Nesnow 


01/03/96 





Chess 


06/13/95 




Morrison 


08/10/95 


10:11 NCR 965 


Reilly 


12/20/95 




Nesnow 


12/05/95 




Nesnow 


12/05/95 





95 OSP 0188 



Nesnow 



03/20/95 



Dorothea Dix Hospital 

Paul E. Hunter v. Dorothea Dix Hospital 
Paul E. Hunter v. Dorothea Dix Hospital 

Durham County Health Department 

Laurie A. Gerhard v. Durham County Health Department 

East Carolina University 

Helen E. Wolfe v. East Carolina University, Dept. of Biology 
Lillie Mercer Atkinson v. ECU, Dept. of Comparative Medicine, et al. 
Lillie Mercer Atkinson v, ECU, Dept. of Comparative Medicine, et al. 
Lillie Mercer Atkinson v. ECU, Dept. of Comparative Medicine, et al. 

Edgecombe County Health Department 

Ronald E. Wooten v. Edgecome County Health Department 

Department of Environment, Health, and Natural Resources 

Babette K. McKemie v. EHNR, Div. of Environmental Management 
James M. Kelly v. Dept of Environment, Health, & Natural Resources 



95 OSP 0504 
95 OSP 0801 



95 OSP 0220 



94 OSP 1209 



94 OSP 0358 

95 OSP 0777 



Gray 
Chess 



Phipps 



94 OSP 1558 Reilly 

95 OSP 0038*' Becton 
95 OSP 0057*' Becton 
95 OSP 0587 Chess 



Gray 



Chess 
Becton 



07/12/95 
12/12/95 



08/17/95 



09/07/95 
06/08/95 
06/08/95 
01/10/96 



07/10/95 



05/31/95 
11/27/95 



10:12 NCR 1043 



10:18 NCR 2449 



10:21 



NORTH CAROLINA REGISTER 



February 1, 1996 



2769 



CONTESTED CASE DECISIONS 



CASE 
NUMBER 



ALJ 



94 OSP 1597 


Nesnow 


04/04/95 


95 OSP 0042*' 


Reilly 


07/05/95 


95 OSP 0058*' 


Reilly 


07/05/95 



AGENCY 



FayettevilU State University 

George Benstead v. FayetteviUe State Uaivereity 
Lt. Bobby McEachera v, FSU Police Department 
Officer Gregor A. Miles v. FSU Police Department 



Forsyth Stokes Mental Health Center 

Michael Howell v. Forsyth Stokes Mental Health Center 94 OSP 0499 Chess 

Guilford County Mental Health 

Darrell Edwin Fricke v. Guilford County Mental Health (Thomas S. Div.) 95 OSP 0942 West 

Department of Human Resources 



April Benfield v. Department of Human Resources 
and 
Western Carolina Center 
Geraldine Blackston v. DHR, NC Special Care Center 
Eugene Hightower, Jr. v. Department of Human Resources, EEO 
Rebecca Johnson v. Human Resources, Special Care Center 
Edward E. Williams v. NC Special Care Center, Def./Emp, DHR 



Black Mountain ADATC 

Julie Y. Newton v. ADATC Black Mtn & St. of North Carolina 95 OSP 0850 

Black Mountain Center 

James Harrison v. Black Mountain Center, Dept. of Human Resources 94 OSP 0994*" 
James Harrison v. Black Mountain Center, Dept. of Human Resources 95 OSP 0190*" 

Caswell Center 

David A. Kilpatrick v. DHR, Caswell Center 95 OSP 0267 

Cherry Hospital 

William H. Cooke v. DHR, Cherry Hospital 93 OSP 1547 

Sandra Chase Butts v. Department of Human Resources, Cherry Hospital 95 OSP 0047 
Deloris L. Johnson v. Cherry Hospital, DHR 95 OSP 0409 

Cumberland County Department of Social Services 

Gloria Daniels v. Cumberland County Department of Social Services 95 OSP 0714 

Durham County Department of Social Services 

Delores H. Jeffers v. Durham County Department of Social Services 94 OSP 0939 

Jacquenetta Blackwell v. Durham County Department of Social Services 95 OSP 0692 

Gaston County Department of Social Services 
Bobbie J. Gilliam v. Gaston County Department of Social Services 

Halifax County Department of Social Services 
Robert E. Sykes v. Halifax County Department of Social Services 

Iredell County Department of Social Services 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



Vernon E. Grosse v. Iredell County Department of Social Services 
Bonnie N. Bellamy v. Iredell County Department of Social Services 

Division of Medical Assistance 

George F. Knight v. Division of Medical Assistance, DHR 



94 OSP 0770 



94 OSP 0826 



94 OSP 0282 
94 OSP 0739 



95 OSP 0700 



Nesnow 



Gray 
Gray 



Nesnow 



Gray 
West 
Gray 



Nesnow 



Morrison 
Reilly 



West 



Gray 



Becton 
Chess 



Reilly 



03/24/95 



09/22/95 



12/05/95 



07/31/95 
07/31/95 



10/25/95 



03/16/95 
11/29/95 
08/25/95 



12/04/95 



06/12/95 
11/28/95 



05/24/95 



11/15/95 



03/09/95 
03/01/95 



11/28/95 



i 



94 OSP 1758 


Nesnow 


06/07/95 




94 OSP 1773 


Becton 


11/17/95 


10:18 NCR 2433 


94 OSP 1811 


West 


05/04/95 




95 OSP 0138 


West 


03/31/95 




95 OSP 0483 


Reilly 


10/03/95 





I 



10:18 NCR 2442 



10:01 NCR 48 



i 



2770 



NORTH CAROLINA REGISTER 



February 1, 1996 



10:21 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



AU 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



New Hanover County Department of Social Services 

Katiileen M. Gallagher v. Dept. of Social Services New Hanover , NC 
Kathleen M. Gallagher v. Dept. of Social Services New Hanover , NC 
Kathleen M. Gallagher v. Dept. of Social Services New Hanover , NC 

Richmond County Department of Social Services 

Emma Jane Bradley v. Richmond County Dept. of Social Services 

Wake County Department of Health 



95 OSP 0823*" West 
95 OSP 0824*" West 
95 OSP 0825*" West 



95 OSP 0055 



Reilly 



Regina K. Crowder v. Wake County/Health Dept., Caroline E. Lee, Dir. 94 OSP 1032*' Nesnow 
Sabrina R. Crowder v. Wake County/Health Dept., Richard Suvens 94 OSP 1072*' Nesnow 



Tbomasine D. Avery v. Wake County/Health Department 

Wake County Department of Social Services 
Olivia L. Jordan v. Wake County/Department of Social Services 
Department of Labor 
Michael Robert Smith v. Department of Labor 



94 OSP 1074*' Nesnow 



94 OSP 1179*' Nesnow 



94 OSP 0610 



Nesnow 



Lee'Bamett Area Mental Health, Developmental Disabilities, and Substance Abuse Authority 



Gray 



89 OSP 0612 


Nesnow 


94 OSP 1173 


Reilly 


95 OSP 0044 


Morrison 


95 OSP 0130 


West 


95 OSP 0213 


Phipps 


95 OSP 0800 


Chess 



Julie Dyer v. Lee-Harnett Area MH/DD/SA Authority 94 OSP 0750 

North Carolina Special Care Center 

Lynn Banasiak Bass v. North Carolina Special Care Center 95 OSP 0419 

North Carolina State University 



Artelia S. Clark v. N.C. State University 

Wesley Brown v. N.C. State University 

David L. Bauer v. North Carolina State University 

Billy Ray Kelly v. NCSU Physical Plant 

Heather Ann Waskjowicz v. NCSU, Dept. of Public Safety 

Antoinette Chavis-Scott v. N.C.S.U. Accounts Payable 



Orange-Person-Chatham Mental Health 

Patricia A. Harris v. Orange- Person-Chatham Mental Health 95 OSP 0162 

Department of Revenue 

Wayne Davenport v. Department of Revenue, Motor Fuels Tax Division 95 OSP 0902 

Richmond Community College 

Willie J. Breeden v. Richmond Community College 95 OSP 0846 

Department of Transportation 

Michael E. Komegay v. Department of Transportation 

Robert F. Goins v. Department of Transportation 

Esther Doe Murphy v. Department of Transportation 

Debra R. Embden v. DOT, Division of Motor Vehicles 

Mary Matthews Fiimerty v. Department of Transportation 

Lonnie Joseph Cole v, NC DOT (TTI's Boone NC) Div. of Hwys 

Judy H. Arnold v. Department of Transportation, Div. of Motor Vehicles 95 OSP 1075 

Untion County Schools 

Carolyn H. Elkins v. Union County Schools 95 OSP 0948 Reilly 

University of North Carolina 



West 



Becton 



Gray 



12/20/95 
12/20/95 
12/20/95 



07/18/95 



06/12/95 
06/12/95 
06/12/95 



06/12/95 



06/09/95 



03/20/95 



08/01/95 



07/07/95 
06/30/95" 
04/25/95 
03/22/95 
07/06/95 
10/31/95 



04/11/95 



1 1/03/95 



09/13/95 



1 1/03/95 



10:09 NCR 809 



10:08 NCR 700 



93 OSP 1700 


Gray 


03/24/95 




94 OSP 0281 


Chess 


05/30/95 




95 OSP 0114 


Gray 


07/10/95 




95 OSP 0411 


Morrison 


11/01/95 


10:17 NCR 2286 


95 OSP 0412 


Nesnow 


11/02/95 




95 OSP 0606 


West 


10/24/95 




95 OSP 1075 


Becton 


07/31/95 





10:21 



NORTH CAROLINA REGISTER 



February 1, 1996 



2771 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



Beth Ann Miller v. UNO Student Health 94 OSP 0800 

Roberta Jones v. University of North Carolina-Chapel Hill 94 OSP 1718 

Phyllis A. Mack v. Rachelle Cole, Ellen Stanford, Anesthesiology UNC-CH95 OSP 1283 



UNC Hospitals 

David Patrick Malone v. Univ. of NC Hospital at Chapel Hill 
Lillian C, Daniels v. UNC Hospital 

Wake County 

Mark Morgan v. Wake County 
STATE TREASURER 



94 OSP 0771 

95 OSP 0056 



94 OSP 0937 



ALJ 



Nesnow 

Chess 

Phipps 



Becton 
Morrison 



Nesnow 



DATE OF 
DECISION 



05/25/95 
10/31/95 
01/17/96 



03/14/95 
05/11/95 



04/28/95 



PUBLISHED DECISION 
REGISTER CITATION 



10:17 NCR 2276 



i 



10:04 NCR 287 



John W. Parris v. Bd. of TrusteesZ/NC Local Gov. Emp. Retirement Sys. 
Channie S. Chapman v. Bd/TrusteesZ/NC Local Gov. Emp. Ret Sys. 
Bryan L Basden v. Retirement Systems Division 
Wayne La Broad v. Bd./TrusteeeZZTeachersZSt. Emp. Retirement Sys. 
Tammy Evonne Ashcroft Brownv. BdZTr.ZZNC Local Gov. Emp. Ret Sys. 

DEPARTMENT OF TRANSPORTATION 



91 DST 1093 


Nesnow 


94 DST 0443 


Morrison 


95 OSP 0171 


Chess 


95 DST 0219 


Morrison 


95 DST 0404 


Phipps 



05/04/95 
05/15/95 
06/21/95 
07/14/95 
07/27/95 



10;10 NCR 872 



Maupin Travel, Inc., Anthony W. Maupin v. Dept of Transportation 
UNIVERSITY OF NORTH CAROLINA 



95 DOT 0818 



Chess 



12/05/95 



Jerry B. Potter, Sr. v. UNC Hospitals at Chapel Hill 

Judy Blacknell v. University of NC Hospitals at Chapel Hill 



95 UNC 0502 
95 UNC 0865 



Gray 
Chess 



09/12/95 
12/08/95 



^ 



c 



2772 



NORTH CAROLINA REGISTER 



February 1, 1996 



10:21 



CONTESTED CASE DECISIONS 



STATE OF NORTH CAROLINA 



COUNTY OF WAKE 



IN THE OFFICE OF 

ADMINISTRATrVE HEARINGS 

94 OSF 1684 



BESSIE R. HUBBARD, 
Petitioner, 



STATE CONSTRUCTION OmCE, DEPARTMENT OF 
ADMINISTRATION, 

Respondent. 



RECOMMENDED DECISION 



This matter was heard before the undersigned administrative law judge in Raleigh, North Carolina on August 21, 
1995. Upon filing of the post-hearing submissions, the record was closed on November 27, 1995. 

APPEARANCES 

For Petitioner: ALLEN & PINNIX P. A., Attorneys at Law, Raleigh, North Carolina; M. Jackson Nichols appearing. 
For Respondent: D. David Steinbeck, Assistant Attorney General, N.C. Department of Justice, Raleigh, North Carolina. 

ISSUES 

1 . Has the Respondent discriminated against the Petitioner with regard to sex in violation of the rights and procedures 
established by Chapter 126 of the North Carolina General Statutes , 25 NCAC IL .0102 & .0103, and the previous 
decisions of the State Personnel Commission? 

2. Has the Respondent denied the Petitioner the right to priority consideration as a State employee, in violation of the 
rights and procedure estabUshed by Chapter 126 of the North Carolina General Statutes and the previous decisions 
of the State Personnel Commission? 

STATUTES AND RULES INVOLVED 

N.C. Gen. Stat. §126-7.1 

N.C. Gen. Stat. §126-16 

N.C. Gen. Stat. §126-36 
N.C, Gen. Stat. §126-36.1 
N.C. Gen. Stat. §126-36.2 
25 NCAC 1 L .0101 -.0104 

EXHTBITS 

The following exhibits offered by the Petitioner were received in evidence: 

PI. 1994 Affirmative Action Plan for Department of Administration. 

P2. Application of Bessie Hubbard, Petitioner. 

P3. Application of Steven Weitnauer, Successful Applicant. 

P4. Application of Fasih Shaikh, Unsuccessful Applicant. 

P5. Application of Robert Lamb, Unsuccessful Applicant. 

P6. Application of Robert Lane, Unsuccessful Applicant. 

P7. David Bullock's Interview Notes for Steven Weitnauer. 

P8. David Bullock's Interview Notes for Fasih Shaikh. 

P9. Personnel Requisition Form for Building Systems Engineer III Position #6065. 

PIO. Job Announcement for Building Systems Engineer III Position #6065. 



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2773 



CONTESTED CASE DECISIONS 



Pll. Respondent's Responses to Petitioner's First Set of Interrogatories. 

The following exhibits offered by the Respondent were received in evidence: 

Rl. N.C. Gen. Stat. §126-7.1. 

R2. N.C. Gen. Stat. §126-16 et seq. 

R3. N.C. Gen. Stat. §126-36 et seq. 

R4. 25 NCAC IL .0101, .0102. 

R5. State Personnel Manual - "Recruitment." 

R6. Department of Administration Internal Operating Procedures. 

R7. N.C. Department of Administration Internal Operating Procedures. 

R8. David Bullock's Interview Notes for Position #6065. 

Rll. Engineers hired or promoted by Speros J. Fleggas. (This Exhibit was admitted subject to revision.) 

Based upon the official documents in the file, sworn testimony of the witnesses, and other competent and admissible 
evidence, the undersigned makes the following: 

FINDINGS OF FACT 

Stipulated Facts 

1. TTie Petitioner has been continuously employed by North Carolina State University (NCSU) since 1985. 

2. The Petitioner is currently employed in NCSU's physical plant as a Building Systems Engineer II (Facility 
Mechanical Engineer II) and her aimual salary is $46,779. 

3. At the time she applied for the position that is the subject of this grievance, she was temporarily serving as interim 
Assistant Director and her salary was $48,636. 

4. The Petitioner applied for the position of Building Systems Engineer HI, Position #6065, on July 1, 1994. 

5. The Petitioner was not interviewed or hired for the position of Building Systems Engineer IE, Position #6065, which 
is a Pay Grade 80. 

6. The position of Building Systems Engineer, Position #6065 was filled by Steven Weitnauer who had a starting salary 
of $48,197. 

Adjudicated Facts 

7. On June 15, 1994, the Division of State Construction Office sent the Department of Administration's Personnel 
Office a personnel requisition for Building Systems Engineer Dl position. The requisition requested that the posting 
for the position be "IN-HOUSE." 

8. On June 21, 1994, the Department of Administration advertised Position #6065, Building Systems Engineer Dl. 
The position was advertised for "State Government Employees Only." The closing date for applications for the 
position was July 5, 1994. ( See PI.) 

9. The Petitioner had been told that the position was coming vacant and that its advertisement would be limited to 
internal applications. She went to the Administration Building and saw the advertisement posted on the 
Departmental bulletin board. 

10. In January, 1994, the Secretary of the Department of Administration changed the Department's advertisement policy 
so that an "internal hire" was advertised to all State employees instead of just DOA employees. 

11. Four people submitted applications for Position #6065. 

12. Once the deadline for submitting applications for Position #6065 had passed, the DOA Personnel office sent the 
applications to the Division of State Construction. The packet of applications the Division of State Construction 

2774 NORTH CAROLINA REGISTER February 1, 1996 10:21 



CONTESTED CASE DECISIONS 



received included the Petitioner's application. 

13. No one in the DOA Personnel department made a determination that the Petitioner was not a State employee and 
not entitled to internal hiring consideration. 

14. When Alice Sharpe Ln the Division of State Construction received the packet of applications, she asked why the 
Petitioner's application was included. Judy Smalls reminded Ms. Sharpe of the then current Secretary's policy 
regarding "internal hires." 

15. After interviewing two of the applicants, the Division of State Construction sent a "hiring Package" consisting of 
copies of employment applications for the appUcants who were interviewed back to DOA's Personnel Department. 
DOA's Personnel Department then reviewed the applications to determine whether the individuals interviewed met 
the minimum qualifications for the position. 

16. Of the four applicants for the position, DOA's Personnel Department determined that only three met the minimum 
qualifications for the position. 

17. The Petitioner was the only qualified applicant who was not interviewed. 

18. Mr. 'Weitnauer, the successful applicant, received an initial annual salary of $48,187. 

19. The Respondent adopted an Affirmative Action Plan for the year 1994, the year the Petitioner applied for the 
position Ln question. 

20. The Respondent's Plan included a Utilization Analysis for architects, professionals, and engineers. 

21. An Utilization Analysis is a comparison by Standard Occupational Classification of the state's labor force with the 
expected openings Ln each of the Divisions of the Department. 

22. The Utilization Analysis is used to establish EEO placement goals for targeted groups in the positions Ln which 
vacancies are expected Ln the comLng year. 

23. In the Department of AdmLnistration Affirmative Action Plan for 1994, the Utilization Analysis indicated an under- 
representation of white female engineers. In particular, if the departmental labor force were to meet parity in the 
state's labor force, the Department should have employed 3 more white female engineers than it currently did Ln 
1993. 

24. The Petitioner applied for one of the positions targeted for an EEO Placement Goal in the Affirmative Action Plan, 
but a white male was hired instead. 

25. A white female was promoted within the Division during the year 1994, but Ricky Roberson, the Affirmative Action 
Officer, conceded that her promotion did not result in a net gaLn. 

26. The DOA Personnel Department, including the Departmental Affirmative Action Officer, does not conduct 
Lnterviews. All the LnterviewLng for positions is left to the discretion of the Division Director. 

27. Speros Fleggas, the Director of the Division of State Construction, made the decision to advertise Position #6065 
as an in-house hLre. He thought that "Ln-house" meant only DOA employees could be considered, thereby providing 
employees within the State Construction Office the first opportunity at a promotion. 

28. Mr. Fleggas was also responsible for determLning who would be Interviewed for Position #6065. 

29. Mr. Fleggas was aware that the Petitioner had appUed for Position #6065 and was puzzled as to why her application 
had been included in the packet of applications sent to the Division by DOA's Personnel Department. 

30. Mr. Fleggas testified that the only reason that the Petitioner was not interviewed was because she was not an in- 
house Department of Administration employee. 



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CONTESTED CASE DECISIONS 



31. The Petitioner met the minimum qualifications for Position #6065. 

32. Mr. Reggas testified that in his opinion that the Petitioner's quaUfications and those of the successful applicant were 
"somewhat equal." 

33. The Petitioner had in fact performed the types or work specifically called for in the vacancy aimouncement. 

34. In addition to being a registered professional engineer, the Petitioner was also licensed as a contractor, as a 
plumbing contractor, and an HVAC contractor. In her present position at NCSU, she supervises architects, 
engineers, and the work of outside consultants. 

35. The Departmental Affirmative Action Officer, Mr. Roberson, reviewed the hiring package and the recommendation 
for hiring Mr. Weitnauer and concluded that Mr. Weitnauer's hiring met the Department's Affirmative Action goals. 

36. 25 NCAC IL .0104(c) states in relevant parts that: 

each department's and university's affirmative action plan shall meet all requirements of the 
Administrative EEO/AA Planning and Resources Guide and shall include but not be limited to the 
following elements: 

(4) an interviewing program that includes, for each vacancy, the interview- 

ing of at least three applicants representative of the ethnic, sex and 
handicapped composition of available applicants[.] 

37. Section VTII of the DOA Affirmative Action Plan, Paragraph A states in the second paragraph: 

At least three applicants representative of the ethnic, sex and disability composition of 
the available applicants must be interviewed for each position unless there are fewer than 
three who meet the minimum educational and experience requirements for the position. 
The Department has developed a structured interview process. A structured interview is 
required before any applicant may be hired. 

38. Mr. Roberson was unaware that the rules promulgated by the State Personnel Commission required that each 
Department's interviewing program must include at least 3 applicants who are representative of the ethnic, sex, and 
handicap composition of the applicants. Nor was he aware that this requirement had been included in the 
Department's 1994 Affirmative Action Plan. 

39. The Respondent did not follow the requirements of its interview policy with respect to the interviewing for Position 
#6065. 

40. Of the four applicants for the position, only two were interviewed. The two persons interviewed were in-house 
applicants and were males. 

41. The Petitioner was the only female applicant. 

42. In all of the recommendations for hiring submitted from the Division of State Construction, the DOA Persormel 
Department had never changed a hiring recommendation for Affirmative Action reasons. 

43. At the time Position # 6065 was advertised, the Division of State Construction had not met its affirmative action 
goal of hiring one female engineer in 1994. 

44. For the period from 1990 until Position # 6065 was filled, Speros Fleggas had not hired or promoted any female 
engineers in a Building Systems Engineer III position. 

45. For the period from 1990 until Position # 6065 was filled, Speros Fleggas had hired two female engineers in 
Building Systems Engineer 11 positions. 

Based on the foregoing Findings of Fact, the undersigned Administrative Law Judge makes the following: 



2776 NORTH CAROLINA REGISTER February 1, 1996 10:21 



CONTESTED CASE DECISIONS 



CONCLUSIONS OF LAW 

1. North Carolina General Statutes section 126-16 establishes the right of applicants for State employment to be given 
"equal opportunity for employment . . . without regard to ... sex . . . . " The State Personnel Commission has 
implemented this statute by the adoption of 25 NCAC IL .0102 to establish non-discrimination against applicants 
for employment as the "official policy of the State of North Carolina." 

2. Employment discrimination suits have generally evolved under two theories—disparate treatment and disparate 
impact. Under a "disparate treatment" theory, the focus is on the employer's impermissible motive. The employee 
must prove a prima facie case of discrimination by the employer. Then the burden of production shifts to the 
employer to articulate some legitimate nondiscriminatory reason for its actions. Once the employer articulates a 
reason, the burden of proof and production merges on the employee to show, by a preponderance of the evidence, 
that the reason proffered by the employer is merely a pretext. Under a "disparate impact" theory, the employee 
must show a discriminatory result but need not prove discriminatory intent by the employer. The employee must 
still make out a prima facie case of discrimination against the employer. The burden of proof then shifts to the 
en^loyer to show business necessity for its actions. If the employer establishes that the policy or practice causing 
the disparate impact is a business necessity, the burden reverts back to the employee to show either that an 
alternative practice would have been as effective, with less discriminatory impact, or that the practice was being 
used by the employer as a pretext for discrimination . 

3. TTie Petitioner has established a prima facie case of discrimination by showing that (1) the alleged discrimination 
involves a protected category: gender, (2) a job vacancy existed for which she applied and she was not hired or 
even interviewed, (3) she was qualified for the position, and (4) the position was filled by a male. 

Disparate Treatment 

4. From the standpoint of "disparate treatment" analysis, the Respondent's evidence points to several nondiscriminatory 
reasons for rejecting the Petitioner's application for the Buildings System Engineer HI position such as: 

(1) A desire to promote people from within their own Division, if possible; 

(2) People within the Division who were qualified and "ideally" suited for the position; 

(3) A belief that Steven Weitnauer was an outstanding choice for the position based upon his 
letters of commendation and his work appraisals. 

5. The Petitioner's evidence that the Respondent violated its own Affirmative Action Plan and state regulations when 
it refiised to even interview her, can be considered as evidence of the pretextual nature of the Respondent's non- 
discriminatory reasons. However, the fact pattern of this case seems to lend itself more logically to a "disparate 
impact" analysis. 

Disparate Impact 

6. Under a "disparate impact" analysis, the ResfXDndent's facially neutral business practice is that of utilizing "in-house 
hires" for promotional opportunities as a means of maintaining staff morale. 

7. The Respondent's 1994 Affirmative Action Plan establishes that female engineers were underutilized in the 
Department. Thus any promotional practice that limited the applicant pool to only DOA employees would 
necessarily impact adversely upon employment opportunities for female engineers. The Respondent's policy of 
considering only internal DOA employees for promotional opportunities had a disparate impact upon female 
engineers. 

8. In order to meet the test of business necessity, an employment practice which has a disparate impact upon a 
protected class must be "necessary to the safe and efficient operation of the employer's busmess or to safe and 
efficient job performance." Robinson v^ Lorillard Corp. . 444 F.2d 791, 798 (4th Cir. 1971), cert, dismissed . 404 
U.S. 1006 (1971). 



10:21 NORTH CAROLINA REGISTER February 1, 1996 2777 



CONTESTED CASE DECISIONS 



9. Laudable though the desire to promote morale may be, the Respondent has offered no evidence that would establish 

its policy as a business necessity. 

10. The Petitioner \».as discriminated against on the basis of her gender when the Respondent excluded her from the 
applicants who were considered for Position #6065. 

The AFFiRMATrvE Action Pl.\n 

11. Pursuant to the requirements of N.C. Gen. Stat. §126-16 and 25 NCAC IL .0102 - .0104, the Department of 
Administration developed a Departmental Affirmative Action Plan for each year, including the year 1994. The 1994 
Departmental Affirmative Action Plan required that the Respondent interview at least three applicants representative 
of the ethnic, sex and disability composition of the available appUcants "unless there are fewer than three who meet 
the minimum educational and experience requirements for the position." 1994 DOA Affirmative Action Plan, pg. 
13. 

12. Contrary to the requirements of its Affirmative Action Plan, the Division choose not to Interview the Petitioner. 
The Respondent's failure to interview the Petitioner as required by the Affirmative Action Plan resulted in her being 
discriminated against on account of her gender. 



13. The Respondent has discriminated against the Petitioner with regard to sex in violation of the procedures established 
by Chapter 126 of the North Carolina General Statutes, 25 NCAC IL .0102 & .0103, and State Personnel 
Commission decisions. Such discrimination is an unlawful employment practice based upon: 

a. The Respondent's failure to give the Petitioner equal opportunity for employment by not interviewing her 
for Position # 6065, in violation of N.C Gen. Stat. §126-16 and 25 NCAC IL .0103; 

b. The Respondent's failure to comply with the Departmental Affirmative Action Plan's goal of hiring a 
female engineer in this Di\ision, constitutes prima facie evidence of sex discrimination, which was 
unrebutted by the Respondent's evidence. 

14. The Respondent failed to gi\e the Petitioner equal opportunity' for employment by not complying with its Affirmative 
Action Plan, and therefore committed an act of sex discrimination in \iolation of N.C. Gen. Stat. §§126-36, -36.1, 
-36.2. 

15. The Respondent failed to give the Petitioner equal opportunity' for employment by not interviewing her as a state 
employee for Position # 6065, in violation of N.C. Gen. Stat. §§126-7.1, -36, -36.1, -36.2. 

RECOMMENDED DECISION 

rr IS RECOMMENDED THAT the Respondent; 

1. Hire the Petitioner mto a Pay Grade 80 position comparable to the one fore which she applied; 

2. Pay the Petitioner all back pay and lost benefits to which she is entitled from July 1, 1994, the date on 
which she applied, forward; 

3. Pay the Petitioner front pay from the date of this Order until she is placed into such a position; 

4. Pay the Petitioner all reasonable court costs and attorney fees. 

ORDER 

It is hereby ordered that the agency serve a cop} of the Final Decision on the Office of Administrative Hearings, 
P.O. Drawer 27447, Raleigh. N.C. 27611-7447, in accordance with North Carolina General Statutes section 150B-36(b). 

NOTICE 
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CONTESTED CASE DECISIONS 



I 



Before the agency makes the FINAL DECISION, it is required by North Carolina General Statutes section 150B- 
36(a) to give each party an opportunity to file exceptions to this RECOMMENDED DECISION, and to present written 
arguments to those in the agency who will make the final decision. 

TTie agency is required by North Carolina General Statutes section 150B-36(b)to serve a copy of the Final Decision 
on all parties and to furnish a copy to the Parties' attorney of record. 

This the Uth day of January, 1996. 



Brenda B. Becton 
Administrative Law Judge 



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2779 



CONTESTED CASE DECISIONS 



STATE OF NORTH CAROLINA 
COUNTY OF UNION 



IN THE OFFICE OF 

ADMINISTRATIVE HEARINGS 

95 DHR 0949 



MATTIE M. HELMS 
Petitioner, 



NORTH CAROLINA DEPARTMENT OF HUMAN 
RESOURCES, 

Respondent. 



RECOMMENDED DECISION 



This case was heard before Administrative Law Judge Robert Roosevelt Reilly, Jr. on December 6, 1995, in 
Charlotte, North Carolina. 

APPEARANCES 

Petitioner: Mattie Helms, appearing pro se. 

Respondent: Jane Thompson, Assistant Attorney General, representing North Carolina Department 

of Human Resources 

ISSUE 

Whether the Respondent properly deny Petitioner's application for a family foster home license. 

FINDINGS OF FACT 

From official documents in the file, sworn testimony of the witnesses and other competent and admissible evidence, 
it is found as a fact that: 

1. The parties received notice of this hearing by certified mail more than (15) days prior to the hearing. 

2. Petitioner was a foster parent for the Union County Department of Social Services (DSS) from 1984 until 



1994. 

3. In December 1991 Sean Bishop, age 18, was placed in Petitioner's home on a voluntary placement 
agreement. Sean Bishop had been in the custody of the Union County Department of Social Services since he was 1 1 or 
12 years old. The voluntary placement agreement, under which Petitioner received foster care payments for Sean, terminated 
when he reached 21 years old in May 1994. Sean continued to reside with the Petitioner after May 1994 on a mutual consent 
basis without any DSS involvement. 

4. On August 11, 1994, Union County DSS became aware of an August 8, 1994, incident involving Sean 
Bishop and Petitioner's 14 year old daughter Angela. Union County DSS spoke with Petitioner, Sean Bishop and Angela 
Helms on August 12 and 13, 1994, and they described an incident where Sean and Angela fought over chores and he grabbed 
her by her arms and threw her on the bed leaving bruises on her arms. Angela had gone to stay with her father, from whom 
the Petitioner was divorced. 

5. Union County DSS referred the case for investigation on August 12, 1994, to Mecklenburg County DSS 
because it involved a Union County DSS foster parent. John Crowe, child protective services worker, was assigned to 
conduct the investigation. During the course of the investigation. Petitioner's family foster home license, which must be 
renewed each year, expired. 



6. 



In conducting his investigation, Mr. Crowe followed the required protocol for such investigations, obtaining 



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CONTESTED CASE DECISIONS 



initial information from Union County DSS, interviewing the Petitioner in her home, interviewing Sean Bishop, as well as 
all other residents of Petitioner's home and making necessary collateral contacts. 

7. Mr. Crowe made a home visit to Petitioner's home on August 17, 1994. Her household consisted of her 
daughters, Angela (age 14) and Jennifer (age 17); a voluntary foster child, Marie Helms (age 19); Sean Bishop, and a foreign 
exchange student. 

8. In her interview with Mr. Crowe on August 17, 1994, Petitioner discussed past incidents of violence by 
Sean Bishop. In November 1993 Sean struck her and almost broke her wrist. A sheriffs deputy was called to the home 
and Sean, who had been emotionally upset over a series of events in his life, was committed to the psychiatric unit of 
Presbyterian Hospital. He seemed to improve following his release. However, in May 1994 Sean knocked Petitioner to the 
floor when he became angry with her. She did not pursue an arrest warrant but did have a policeman she knew talk with 
Sean. 

9. Around August 5, 1994, Sean was angry at Angela and pushed Petitioner out of the way, knocking her over 
a chair. She was not hurt except for a bruise on her arm where she hit a table. At that time there was increasing tension 
between Sean and Angela. 

10. On August 8, 1994, Angela was at home with some of her friends. Sean became angry with her over 
undone household chores. Angela ran upstairs, Sean followed her. grabbed her by her arms and pushed her on the bed. 
Angela had bruises on her arms as a result of this incident. Petitioner was standing behind Sean and did not intervene nor 
did she feel Sean was a threat to her children. 

1 1 . John Crowe also interviewed Angela Helms, who stated that Sean became angry with her for not doing the 
dishes and embarrassed her in front of her friends. She also stated that he grabbed her by her arms and threw her on the 
bed, leaving bruises that lasted one and a half weeks. She presently lives with her father. 

12. Mr. Crowe also interviewed Jennifer and Marie Helms, Sean Bishop and the foreign exchange student living 
with the Petitioner. 

13. Mr. Crowe staffed the case with his supervisor and decided to substantiate neglect as defined in N.C.G.S. 
7A-517(21) on the part of Petitioner due to Petitioner's inability to protect herself or her children from Sean Bishop when 
he became angry. This decision was communicated by letter to Union County DSS and was the basis of Respondent's Notice 
of Administrative Action dated July 7, 1995. 

14. Petitioner testified at the hearing about the previous incidents between herself and Sean Bishop in November 
1993, May 1994 and August 1994. She downplayed all three, especially the last one. She stated her daughter Angela had 
been running with a bad crowd, was a behavior problem and was not at this hearing because she did not trust what she would 
say. Petitioner's description of the incident on August 8, 1994. between Sean Bishop and Angela varied significantly from 
her statements to Mr. Crowe during the investigation. In both descriptions, however, the Petitioner did not see a need to 
intervene when Sean grabbed Angela. 

15. Jennifer Helms, age 18, testified that Sean had gotten along with Angela until Angela's behavior changed 
for the worse. 

16. The undersigned Judge finds that Mr. Crowe's testimony concerning the August 8, 1994, incident between 
Angela Helms and Sean Bishop to be more credible than the testimony of the Petitioner. It is further found that Sean 
Bishop's disposition, past history and behavior would suggest to a reasonable parent that more intervention was required 
when Sean, a 21 year old adult, grabbed and pushed Angela, her 14 year old child, down on the bed. 

CONCLUSIONS OF LAW 

Based on the foregoing findings of fact, the undersigned Administrative Law Judge makes the following conclusions 
of law: 

1 . The parties are properly before the Office of Administrative Hearings. 



10:21 NORTH CAROLINA REGISTER February 1, 1996 2781 



CONTESTED CASE DECISIONS 



2. The Respondent has shown by a preponderance of the evidence that the Mecklenburg County Department 
of Social Services properly found Petitioner to have neglected her daughter, Angela Helms. 

3. The decision of the Respondent to deny Petitioner's application for a family foster home license was proper. 

RECOMMENDED DECISION 

The North Carolina Department of Human Resources will make the Final Decision in this contested case. It is 
recommended that the agency adopt the Findings of Fact and Conclusions of Law set forth above and affirm its decision to 
deny the Petitioner's application for a family foster home license. 

ORDER 

It is hereby ordered that the agency serve a copy of the Final Decision on the Office of Administrative Hearings, 
P.O. Drawer 27447, Raleigh, NC. 276 11-7447, in accordance with the North Carolina General Statutes Section 150B-36(b). 

NOTICE 

Before the agency makes the FINAL DECISION, it is required by North Carolina General Statutes Section 150B- 
36(a) to give each party an opportunity to file exceptions to this RECOMMENDED DECISION and to present written 
arguments to those in the agency who will make the final decision. 

The agency is required by North Carolina General Statutes Section 150B-36fb) to serve a copy of the FINAL 
DECISION on all parties and to furnish a copy to the parties" attorney of record. 

This the 11th day of January, 1996. 



f 



Robert Roosevelt Reilly, Jr. 
Administrative Law Judge 



( 



I 



2782 



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February 1. 1996 



10:21 



CONTESTED CASE DECISIONS 



STATE OF NORTH CAROLINA 



COUNTY OF MECKLENBURG 



IN THE OFFICE OF 

ADMINISTRATIVE HEARINGS 

95 DOA 0797 



FRED JACKSON d/b/a 
COMPLETE CLEANING COMPANY 
Petitioner, 



V. 



NORTH CAROLINA DEPARTMENT OF 
ADMINISTRATION, 
Respondent. 



RECOMMENDED DECISION 



This contested case was heard before Beecher R. Gray, Administrative Law Judge, on November 6 and 7, 1995 
in Charlotte, North Carolina. Petitioner and Respondent filed Proposed Findings of Fact, Conclusions of Law and 
Recommended Decisions on December 12, 1995 and December 4, 1995, respectively. 

APPEARANCES 

Petitioner: Jesse R. Dillard, Jr., Esq. 

130 Cameron Brown Building 
301 South McDowell Street 
Charlotte, North Carolina 28204 

Respondent: Teresa L. White 

Assistant Attorney General 
N.C. Department of Justice 
P.O. Box 629 
Raleigh, North Carolina 27602 

ISSUE 

Whether Request for Proposal No. 149853 required Petitioner to obtain automobile liability insurance. 

FINDINGS OF FACT 

Stipulated Facts 

1 . It is stipulated that all parties are projjerly before the Court, and that the Court has jurisdiction of the parties 
and of the subject matter. 

2. It is stipulated that all parties have been correctly designated, and there is no question as to misjoinder or 
non-joinder of parties. 

3. The issue to be resolved is whether RFP No. 149853 required Petitioner to obtain automobile liability 
insurance. 

4. On or about 7 Januaiy 1994, the Purchasing Department at the University of North Carolina at Chapel Hill 
(hereinafter "UNC") issued Request for Proposal (hereinafter "RFP") No. 149853 for Building Interior Cleaning Services 
at the Power Plant. 

5. The RFP specifications included, among others, the following insurance requirement. 

(Page 16) 3. Automobile bodily injury and property damaged liability when the services 



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2783 



CONTESTED CASE DECISIONS 



to be performed require the use of an automobile for any purpose relative to the contract 
- including transportation - by the Contractor, Sub-Contractors, or any employees or 
agents of either. Coverages shall extend to any auto, owned or non-owned, operated in 
conjunction with the terms of this contract. The limits of such insurance shall, as a 
minimum, be $1,000,000 combined single limit per aggregate per occurrence. 

6. The RFP does not specify that the contractor or any subcontractors, employees or agents use a vehicle for 
transportation to and from the job site. 

7. A pre-proposal conference was held on January 27, 1994 at the Power Plant. The Petitioner attended the 
pre-proposal conference. 

8. The proposal responses were opened at 2:00 p.m. on February 15, 1994. Petitioner submitted a timely 
response. Petitioner submitted the lowest priced response. 

9. On or about February 16, 1994, Anthony Dark (hereinafter "Dark") faxed a memo to Petitioner requesting 
information on Petitioner's financial status, references and staffing information. 

10. On or about February 18, 1994, Petitioner responded to Dark's letter. 

11. On or about February 25, 1994, Dark forwarded the proposals received to Barbara Stone-Newton 
(hereinafter "Stone-Newton") at the Department of Administration (hereinafter "DOA") Division of Purchase and Contract 
(hereinafter "P&C"). 

12. On or about March 28, 1995, Dark recommended to Stone-Newton that the contract be awarded to 
Petitioner. 

13. On or about March 29, 1994. Stone-Newton wrote Dark and approved award of the contract to the 
Petitioner. 

14. On or about March 29, 1994, Dark contacted Fred Jackson (hereinafter "Jackson") owner of Petitioner and 
told Jackson to send in insurance certificates as required by the RFP. 

15. On or about March 31, 1995, Dark received an insurance certificate from Petitioner which did not provide 
coverage at a minimum of $1,000,000.00 combined single limit per aggregate per occurrence. 

16. Some time between April 1, 1994 and April 12, 1994, Jackson told Dark that he would not be using an 
automobile to perform any services under the contract. 

17. On or about April 8, 1994, Petitioner's insurance agent faxed an insurance certificate to Dark which did 
not provide coverage at a minimum of $1,000,000.00 per combined single limit per aggregate per occurrence. 

18. On or about April 12, 1994, Dark wrote Jackson and advised that the certificate of insurance was not 
sufficient and set a deadline of 4:30 p.m. on April 21, 1994, for Petitioner to provide the required insurance certificate. 

19. On or about April 20, 1994. Dark received a copy of an insurance certificate which did not provide 
coverage at a minimum of $1,000,000.00 combined single limit per aggregate per occurrence. 

20. On or about April 21, 1994, Dark provided to Stone-Newton a proposed draft letter to Petitioner. The 
letter never was sent to Petitioner. 

21. On or about April 22, 1994, Dark contacted Stone-Newton and asked permission to award the contract to 
the second low bidder. 

22. On or about April 27, 1994, J. Arthur Leaston, the State Purchasing Officer, approved award of the 
contract to the second low bidder. 

23. On or about September 20. 1994, Petitioner, through counsel, wrote Dark regarding this matter. 
2784 NORTH CAROLINA REGISTER February 1, 1996 10:21 



CONTESTED CASE DECISIONS 



24. On or about December 30, 1994, Petitioner again wrote Dark regarding this matter. 

25. On or about January 3, 1995, Stone-Newton sent Petitioner a copy of P&C's records on this matter. 

26. On or about March 24, 1995, Stan Johnson, (hereinafter "Johnson") Assistant Purchasing Director, UNC, 
forwarded to Stone-Newton a letter, dated March 3, 1995, from Petitioner to Dark. 

27. On or about April 25, 1995, an informal protest hearing was held before the State Purchasing Officer, J. 
Arthur Leaston. 

28. On or about May 19, 1995, Leaston issued his opinion affirming the award to the second low bidder. 

29. On or about July 14, 1995, Petitioner filed its petition for a contested case hearing. 

30. It is stipulated and agreed that each of the exhibits is genuine and, if relevant and material, may be received 
in evidence without further identification or proof 

AD.IUDICATED FACTS 

31. Two of Respondent's principal witnesses, Judy Lewis, Director of Insurance and Risk Management for 
UNC-Chapel Hill, and Stanley Johnson, Assistant Purchasing Director for UNC-Chapel Hill, interpret the specifications 
accompanying RFP No. 149853 to require the successful contractor to obtain the specified automobile Insurance only if the 
contractor or an employee of his enters onto UNC property with a vehicle owned or under the control of the contractor or 
employee. 

32. Page 5 of the Specifications for RFP No, 149853 contains the following paragraph: 

[t]he offeror, in comphance with your Request for Proposal to provide building interior cleaning services 
for the Power Plant of The University of North Carolina at Chapel Hill, having examined the specifications 
and being familiar with all conditions in connection with the proposed project HEREBY PROPOSES TO 
FURNISH ALL LABOR, AND ALL PERSONAL SAFETY EQUIPMENT, (emphasis added). 

33. On page 17 of the Specifications, is contained the following paragraph: 

[t]he Power Plant shall provide ALL CLEANING EQUIPMENT AND SUPPUES to comply with 
environmental regulations. The Contractor shall provide OSHA approved PERSONAL SAFETY 
EQUIPMENT, (emphasis added). 

34. Page 15 of the Specifications contains the following paragraph: 

17. [t]he employees used under this contract must be trained and able to work from ladders, scaffolds 

and portable catwalks as well as work on open steel structural members while using safety harness and 
lifeline or safety belt with lanyard to tie off to structural steel to prevent falls. All OSHA, State, and 
University Safety regulations shall be followed by all personnel at all times. 

35. In formulating his bid. Petitioner interpreted the cited paragraph from Page 5 of the Specifications as 
requiring the contractor to furnish the harnesses, lanyards, and lifelines addressed in Paragraph 17 of Page 15 plus safety 
shoes, protective clothing, goggles, or other similar safety equipment required by OSHA or other regulations. Petitioner 
interpreted the cited paragraph on Page 17 of the Sjjecifications as requiring the Power Plant to provide the catwalks, ladders 
and similar equipment addressed in Paragraph 17 of Page 15 plus any other equipment of a similar nature required by OSHA 
or other regulations. 

36. Respondent and UNC interpret the cited paragraphs of the Specifications as requiring the contractor to 
provide all of the specified equipment including lanyards, safety belts, harnesses, catwalks, and ladders. 

37. Respondent did not find as reasonable Petitioner's assertions that he would not drive onto UNC property 
with a private vehicle because it did not believe that he reasonably could transport the 300 pound catwalks required, as well 



10:21 NORTH CAROLINA REGISTER February 1, 1996 2785 



CONTESTED CASE DECISIONS 



as ladders, without driving onto UNC property. 

Additionally, Respondent and UNC did not accept as reasonable that Petitioner could provide 24 hour coverage to the Plant 
for unexpected occurrences requiring immediate cleanup such as oil spills without driving onto the UNC property at some 
point. Petitioner asserted to Respondent and UNC officials that he intended for his employees to reside in rental housing 
and walk or ride public transportation to the UNC Power Plant. 

38. Prior contractors operating under similar contracts for interior cleaning of the UNC Power Plant have 
fiimished the lanyards, safety belts, ladders, catwalks, and other equipment enumerated in the RFP Specifications at Page 
15, Paragraph 17, and on Page 17. There is no evidence in this contested case that the subject was raised at the preproposal 
conference held at UNC and attended by Petitioner. Petitioner did not raise the automobile insurance question because he 
did not want to tip off competitors on his strategy. 

39. In addition to tipping off competitors. Petitioner did not obtain the requested limits of automobile liability 
insurance because of his bad personal driving record and reduction of anticipated profit margin in the contract. 

40. Although internally Respondent decided that Petitioner's offer was the best offer and that he should be 
awarded the contract, contingent upon his furnishing the required insurance certificates. Respondent never gave Petitioner 
written notice of acceptance of his offer which, under the terms of the RFP, then would have required Petitioner to furnish 
a satisfactory certificate of automobile liability insurance within ten (10) days. Respondent believed that Petitioner was 
unable or unwilling to furnish the requested automobile liability insurance certificate when he failed to do so after the third 
certificate was submitted on April 20, 1994 and regarded his bid as unresponsive thereafter. 

41. Petitioner achieved a more competitive {Kisition in the bidding competition by avoiding the cost of furnishing 
automobile liability insurance in the amounts requested in the RFP. 

CONCLUSIONS OF LAW 

Based upon the foregoing Findings of Fact, I make the following Conclusions of Law. 

1. The parties are properly before the Office of Administrative Hearings. 

2. Petitioner's offer was unresponsive to the RFP because it contained a material variance from the 
specifications which gave Petitioner an advantage not enjoyed by other bidders. 

3. Respondent's treatment of Petitioner's offer as unresponsive to the automobile liability Insurance 
specifications of RFP No. 149853 on and after April 21, 1994 is reasonable under the facts of this case and is supported by 
substantial evidence. Based on its knowledge of the requirements of, and experience with, prior contracts for interior 
cleaning of the UNC Power Plant, it is not unreasonable for Respondent to insist that Petitioner obtain the RFP-specified 
automobile liability insurance limits. 

RECOMMENDED DECISION 

Based upon the foregoing Findings of Fact and Conclusions of Law, it is hereby recommended that Respondent's 
decision to treat Petitioner's offer under RFP No. 149853 as unresponsive because he failed to furnish an automobile liability 
insurance policy at limits specified in the RFP be AFFIRMED as supported by substantial evidence. 

ORDER 

It is hereby ordered that the agency serve a copy of the final decision on the Office of Administrative Hearings, P.O. 
Drawer 27447, Raleigh. N.C. 27611-7447, in accordance with North Carolina General Statute 150B-36(b). 

NOTICE 

The agency making the final decision in this contested case is required to give each party an opportunity to file 
exceptions to this recommended decision and to present written arguments to those in the agency who will make the final 
decision. G.S. 150B-36(a). 



2786 NORTH CAROLINA REGISTER February 1, 1996 10:21 



CONTESTED CASE DECISIONS 



The agency is required by G.S. 150B-36(b) to serve a copy of the final decision on all parties and to furnish a copy 
to the parties' attorney of record and to the Office of Administrative Hearings. 

The agency that will make the final decision in this contested case is the Department of Administration. 

This the 4th day of January, 1996. 



Beecher R. Gray 
Administrative Law Judge 



10:21 NORTH CAROLINA REGISTER February 1, 1996 2787 



NORTH CAROLINA ADMINISTRATIVE CODE CLASSIFICATION SYSTEM 



The North Carolina Administrative Code (NCAC) has four major subdixisions of rules. Two of these, titles 
and chapters, are mandatory. The major subdivision of the NCAC is the title. Each major department in 
the North Carolina executive branch of government has been assigned a title number. Titles are further 
broken down into chapters which shall be numerical in order. The other two, subchapters and sections 
are optional subdivisions to be used by agencies when appropriate. 



TITLE/MAJOR DIVISIONS OF THE NORTH CAROLINA ADMINISTRATIVE CODE 
TITLE DEPARTMENT LICENSING BOARDS CHAPTER 



1 


Administration 


Acupuncture 


1 


T 


Agnculture 


Architecture 


2 


3 


Auditor 


Auctioneers 


4 


4 


Commerce 


Barber Examiners 


6 


5 


Correction 


Certified Pubbc Accountant Examiners 


8 


6 


Council of State 


Chiropractic Examiners 


10 


7 


Cultural Resources 


General Contractors 


12 


8 


Elections 


Cosmetic Art Examiners 


14 


9 


Governor 


Dental Examiners 


16 


10 


Human Resources 


Dietetics/N utrition 


17 


11 


Insurance 


Electncal Contractors 


18 


12 


Justice 


Electrolysis 


19 


13 


Labor 


Foresters 


20 


14A 


Crime Control & Public Safety 


Geologists 


21 


15A 


Environment, Health, and Natural 


Heanng Aid Dealers and Fitters 


22 




Resources 


Landscape Architects 


26 


16 


Public Education 


Landscape Contractors 


28 


17 


Revenue 


Mantal and Family Therapy 


31 


18 


Secretary of State 


Medical Examiners 


32 


19A 


Transportation 


Midwifery Joint Committee 


33 


20 


Treasurer 


Mortuary Science 


34 


*21 


Occupational Licensing Boards 


Nursing 


36 


22 


Administrative Procedures 


Nursing Home Admimstrators 


37 


23 


Community Colleges 


Occupational Therapists 


38 


24 


Independent Agencies 


Opticians 


40 


25 


State Personnel 


Optometry 


42 


26 


Administrative Hearings 


Osteopathic Examination & Reg. (Repealed) 


44 


27 


NC Sute Bar 


Pastoral Counselors, Fee-Based Practicing 


45 






Pharmacy 


46 






Physical Therapy Examiners 


48 






Plumbing, Heating & Fire Sprinkler Contractors 


50 






Podiatry Examiners 


52 






Professional Counselors 


53 






Practicing Psjchologists 


54 






Professional Engineers & Land Surveyors 


56 






Real Estate Appraisal Board 


57 






Real Estate Commission 


58 






Refrigeration Examiners 


60 






Samtanan Examiners 


62 






Social Work Certification 


63 






Soil Scientists 


69 






Speech & Language Pathologists & Audiologists 


64 






Substance Abuse Professionals 


68 






Therapeutic Recreation Certification 


65 






Vetennar> Medical Board 


66 



Note: Title 21 contains the chapters of the vanous occupational licensing boards. 



2788 



NORTH CAROLINA REGISTER 



February 1, 1996 



10:21 



CUMULATIVE INDEX 







Proposed in 


Proposed 

Effective 

Date 


Fiscal Note 


EffectiTe 
Date 


Other Informatimi 




Register 


State 


iM^al 







ACUPUNCTURE LICENSING BOARD 



21 NCAC 01 .0101 




10:02 NCR 150 


07/01/95 


.0201 




10:07 NCR 585 


10/01/95 


.0401 - 


.0402 


10:02 NCR 150 


07/01/95 


.0501 




10:07 NCR 585 


10/01/95 


.0701 




10:07 NCR 585 


10/01/95 


.0702- 


.0704 


10:16 NCR 2027 


02/01/96 


.0705 




10:17 NCR 2228 




.0706 - 


.0707 


10:16 NCR 2027 


02/01/96 


.0709 




10:17 NCR 2228 




.0710 - 


.0711 


10:16 NCR 2027 


02/01/96 


ADMINISTRATION 








1 NCAC 05 A .0001 - 


.0002 


10:16 NCR 1651 


02/01/96 


.0004 




10:16 NCR 1651 


02/01/96 


.0009- 


.0010 


10:16 NCR 1651 


02/01/96 


.0012 




10:16 NCR 1651 


02/01/96 


05B .0101 - 


.0103 


10:16 NCR 1651 


02/01/96 


.0201 




10:16 NCR 1651 


02/01/96 


.0203 - 


.0204 


10:16 NCR 1651 


02/01/96 


.0206- 


.0210 


10:16 NCR 1651 


02/01/96 


.0301 - 


.0314 


10:16 NCR 1651 


02/01/96 


.0401 - 


.0404 


10:16 NCR 1651 


02/01/96 


.0501 - 


.0503 


10:16 NCR 1651 


02/01/96 


.0601 - 


.0602 


10:16 NCR 1651 


02/01/96 


.0701 - 


.0702 


10:16 NCR 16il 


02/01/96 


.0801 - 


.0808 


10:16 NCR 1651 


02/01/96 


.0810 




10:16 NCR 1651 


02/01/96 


.0901 - 


.0902 


10:16 NCR 1651 


02/01/96 


.0904- 


.0906 


10:16 NCR 1651 


02/01/96 


.1001 - 


.1003 


10:16 NCR 1651 


02/01/96 


.1101 




10:16 NCR 1651 


02/01/96 


.1103- 


.1104 


10:16 NCR 1651 


02/01/96 


.1106 




10:16 NCR 1651 


02/01/96 


.1108 




10:16 NCR 1651 


02/01/96 


.1201 - 


.1202 


10:16 NCR 1651 


02/01/96 


.1301 - 


.1302 


10:16 NCR 1651 


02/01/96 


.1401 - 


.1403 


10:16 NCR 1651 


02/01/96 


.1501 - 


.1513 


10:16 NCR 1651 


02/01/96 


.1516- 


.1521 


10:16 NCR 1651 


02/01/96 


.1601 - 


.1603 


10:16 NCR 1651 


02/01/96 


.1701 - 


.1703 


10:16 NCR 1651 


02/01/96 


.1801 - 


.1804 


10:16 NCR 1651 


02/01/96 


.1901 




10:16 NCR 1651 


02/01/96 


.1903 




10:16 NCR 1651 


02/01/96 


.1906- 


.1907 


10:16 NCR 1651 


02/01/96 


.1909 




10:16 NCR 1651 


02/01/96 


05C .0601 - 


.0602 


10:16 NCR 1651 


02/01/96 


.0701 - 


.0704 


10:16 NCR 1651 


02/01/96 


.0708 




10:16 NCR 1651 


02/01/96 


.0711 




10:16 NCR 1651 


02/01/96 


.0717 - 


.0718 


10:16 NCR 1651 


02/01/96 


.0720 




10:16 NCR 1651 


02/01/96 


.0722 




10:16 NCR 1651 


02/01/96 


.0803 - 


.0804 


10:16 NCR 1651 


02/01/96 


.0903 




10:16 NCR 1651 


02/01/96 


.1008- 


.1009 


10:16 NCR 1651 


02/01/96 


05D .0101 - 


.0102 


10:16 NCR 1651 


02/01/96 


.0201 - 


.0206 


10:16 NCR 1651 


02/01/96 


.0208- 


.0210 


10:16 NCR 1651 


02/01/96 


.0301 - 


.0303 


10:16 NCR 1651 


02/01/96 


.0401 - 


.0403 


10:16 NCR 1651 


02/01/96 



08/01/95 
12/01/95 
08/01/95 
12/01/95 
12/01/95 



Rule-Making Proceeding 
Rule-Making Proceeding 



10:21 



NORTH CAROLINA REGISTER 



February 1, 1996 



2789 



CUMULATIVE INDEX 



Agency/Rule Citation 


Proposed in 
Register 


Proposed 

Effective 

Date 


Rscal Note 


Effective 
Date 


Other Informatian 


State 


Local 



39 



.0501 
.0101 
.0201 



.0509 



10:16 NCR 1651 
10:16 NCR 1672 
10:16 NCR 1672 



02/01/96 
02/01/96 
02/01/96 



i 



ADMINISTRATIVE HEARINGS 

26 NCAC 02A .0101 - .0102 





.0201 - 


.0212 




.0301 






.0303 






.0401 - 


.0406 




.0501 - 


.0507 


02B 


.0101 






.0103 - 


.0104 




.0201 - 


.0204 




.0301 - 


.0304 




.0401 




02C 


.0101 - 


.0109 




.0201 - 


.0206 




.0301 - 


.0305 




.0401 - 


.0409 




.0501 - 


.0503 


AGRICULTURE 






2 NCAC 09L 


.1806 




34 


.0904 
.0904 




48A 


.1702 




48C 


.0029 




52B 


.0207 
.0212 
.0302 




52C 


.0105 





10:16 
10:16 
10:16 
10:16 
10:16 
10:16 
10:16 
10:16 
10:16 
10:16 
10:16 
10:16 
10:16 
10:16 
10:16 
10:16 



10:16 
10:04 
10:07 
10:15 
10:15 
10:15 
10:15 
10:15 
10:15 



NCR 2160 
NCR 2160 
NCR 2160 
NCR 2160 
NCR 2160 
NCR 2160 
NCR 2160 
NCR 2160 
NCR 2160 
NCR 2160 
NCR 2160 
NCR 2160 
NCR 2160 
NCR 2160 
NCR 2160 
NCR 2160 



NCR 1674 
NCR 228 
NCR 430 
NCR 1432 
NCR 1432 
NCR 1432 
NCR 1432 
NCR 1432 
NCR 1432 



02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 



03/01/96 
08/01/95 
11/01/95 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 



N/A 
11/01/95 



Renoticed in 10:7 



i 



ARCHITECTURE 

21 NCAC 02 .0208 10:12 NCR 985 12/01/95 

02 .0301 - .0302 10:10 NCR 829 07/01/96 



12/01/95 
07/01/96 



21 


NCAC 04B 


.0103 
.0201 - 
.0403 
.0505 
.0601 - 


BAF 


tBER EXAMINERS 


21 


NCAC 06H 


.0002 




06J 


.0002 




06K 


.0003 


CEI 


ITIFIED PUBLIC A 


21 


NCAC 08A 


.0301 




08F 


.0103 
.0105 
.0113 




08G 


.0401 
.0404 
.0409 




081 


.0004 




08J 


.0001 
.0005 
.0006 
.0008 




08M 


0102 



.0202 



.0602 



10:16 NCR 2028 
10:16 NCR 2028 
10:16 NCR 2028 
10:16 NCR 2028 
10:16 NCR 2028 



10:16 NCR 2033 
10:16 NCR 2033 
10:16 NCR 2033 



10:16 NCR 2033 
10:16 NCR 2033 
10:04 NCR 255 
10:04 NCR 255 
10:04 NCR 255 
10:16 NCR 2033 
10:16 NCR 2033 
10:16 NCR 2033 
10:16 NCR 2033 
10:04 NCR 255 
10:16 NCR 2033 
10:04 NCR 255 
10:04 NCR 255 



03/01/96 
03/01/96 
03/01/96 
03/01/96 
03/01/96 



02/01/96 
02/01/96 
02/01/96 



02/01/96 
02/01/96 
08/01/95 
08/01/95 
08/01/95 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
08/01/95 
02/01/96 
08/01/95 
08/01/95 



08/01/95 
08/01/95 
08/01/95 



08/01/95 



08/01/95 

N/A RRC Obj./Rule Withdrawn 



\ 



2790 



NORTH CAROLINA REGISTER 



February 1, 1996 



10:21 



CUMULATIVE INDEX 





Agency/Rule Citatioii 


Proposed in 
Register 


Proposed 

Effectire 

Date 


Fiscal Note 


EflectiTe 


OOo- Inf ormatiMi 


State 


Local 





.0102- 


.0103 


10:16 NCR 2033 


02/01/96 




.0104 




10:04 NCR 255 


08/01/95 




.0206- 


.0207 


10:16 NCR 2033 


02/01/96 




.0304 




10:16 NCR 2033 


02/01/96 




.0306 




10:04 NCR 255 


08/01/95 




.0401 




10:04 NCR 255 


08/01/95 




.0401 - 


.0402 


10:16 NCR 2033 


02/01/96 


08N 


.0203 




10:04 NCR 255 


08/01/95 




.0302 




10:04 NCR 255 


08/01/95 




.0306 




10:16 NCR 2033 


02/01/96 




.0307 




10:04 NCR 255 


08/01/95 


CfflROPRACTIC EXAMINERS 






21 NCAC 10 


.0203 




10:04 NCR 261 


08/01/95 


COMMERCE 










4 NCAC 02R 


.0303 




10:16 NCR 1675 


06/01/96 




.0305 




10:16 NCR 1675 


06/01/96 




.1708 




10:16 NCR 1675 


06/01/96 




.1710 




10:16 NCR 1675 


06/01/96 




.1801 - 


.1802 


10:16 NCR 1675 


06/01/96 


02S 


.0102- 


.0103 


10:16 NCR 1675 


06/01/96 




.0105 - 


.0106 


10:16 NCR 1675 


06/01/96 




.0109 




10:16 NCR 1675 


06/01/96 




.0209 




10:16 NCR 1675 


06/01/96 




.0228 




10:16 NCR 1675 


06/01/96 




.0234- 


.0235 


10:16 NCR 1675 


06/01/96 




.0402- 


.0404 


10:16 NCR 1675 


06/01/96 




.0511 - 


.0513 


10:16 NCR 1675 


06/01/96 




.0516 




10:16 NCR 1675 


06/01/96 




.0519 




10:16 NCR 1675 


06/01/96 




.0525 




10:16 NCR 1675 


06/01/96 




.0614 




10:16 NCR 1675 


06/01/96 




.0708 




10:16 NCR 1675 


06/01/96 




.0901 - 


.0904 


10:16 NCR 1675 


06/01/96 




.1005 




10:16 NCR 1675 


06/01/96 




.1008 




10:16 NCR 1675 


06/01/96 




.1011 




10:16 NCR 1675 


06/01/96 




.1021 




10:16 NCR 1675 


06/01/96 


02T 


.0101 - 


.0102 


10:16 NCR 1675 


06/01/96 




.0201 - 


.0202 


10:16 NCR 1675 


06/01/96 




.0206 




10:16 NCR 1675 


06/01/96 




.0301 - 


.0305 


10:16 NCR 1675 


06/01/96 




.0308 - 


.0309 


10:16 NCR 1675 


06/01/96 




.0409- 


.0411 


10:16 NCR 1675 


06/01/96 




.0502 




10:16 NCR 1675 


06/01/96 




.0601 - 


.0602 


10:16 NCR 1675 


06/01/96 




.0604 




10:16 NCR 1675 


06/01/96 




.0606 




10:16 NCR 1675 


06/01/96 




.0707 - 


.0709 


10:16 NCR 1675 


06/01/96 




.0711 




10:16 NCR 1675 


06/01/96 




.1104- 


.1108 


10:16 NCR 1675 


06/01/96 


06C 


.0203 
.0205 
.0407 
.0409 




10:05 NCR 300 
10:18 NCR 2398 
10:18 NCR 2398 
10:18 NCR 2398 


09/01/95 


10 






10:15 NCR 1428 




19L 


.0401 




10:16 NCR 1698 


02/01/96 




.0403 




10:16 NCR 1698 


02/01/96 




.0407 




10:16 NCR 1698 


02/01/96 




.0501 - 


.0502 


10:16 NCR 1698 


02/01/96 




.0505 




10:16 NCR 1698 


02/01/96 




.0802 




10:16 NCR 1698 


02/01/96 



08/01/95 



08/01/95 
08/01/95 

08/01/95 
08/01/95 

08/01/95 



08/01/95 



Rule-Making Proceeding 
Rule-Making Proceeding 
Rule-Making Proceeding 
Public Notice 



10:21 



NORTH CAROLINA REGISTER 



February 1, 1996 



2791 



CUMULATIVE INDEX 



Agency/Rule Citation 


Proposed tn 
Register 


Proposed 

Effcctiye 

Date 


Fiscal Note 


Effeetive 
Date 


Other Infonnadon 


State 


Local 



.0805 




10 


16 NCR 1698 


02/01/96 


.0901 




10 


16 NCR 1698 


02/01/96 


.0906 - 


.0907 


10 


16 NCR 1698 


02/01/96 


,0911 




10 


16 NCR 1698 


02/01/96 


.1002 




10 


16 NCR 1698 


02/01/96 


.1004 




10 


16 NCR 1698 


02/01/96 


.1009 




10 


16 NCR 1698 


02/01/96 


.1301 - 


.1303 


10 


16 NCR 1698 


02/01/96 


.1701 - 


.1703 


10 


16 NCR 1698 


02/01/96 


.1801 - 


.1803 


10 


16 NCR 1698 


02/01/96 


COMMUNITY COLLEGES 






23 NCAC 02C .0108 




10:03 NCR 208 


09/01/95 


.0210 




10:07 NCR 587 


01/01/96 


.0211 




10:03 NCR 208 


09/01/95 


.0301 




10:07 NCR 587 


01/01/96 


.0306 




10:03 NCR 208 


09/01/95 


02E .0403 




10:07 NCR 587 


01/01/96 


CORRECTION 








5 NCAC 05 .0001 




10:01 NCR 12 


07/01/95 


COSMETIC ART EXAMINERS 






21 NCAC 14B .0604 




10 


12 NCR 985 


12/01/95 


14J .0502 




10 


14 NCR 1380 


01/01/96 


14L .0301 - 


.0302 


10 


14 NCR 1380 


01/01/96 


14N .0106- 


.0108 


10 


14 NCR 1380 


01/01/96 


.0112 




10 


14 NCR 1380 


01/01/96 


CULTURAL RESOURCES 






7 NCAC 02F .0002 




10:01 NCR 12 


07/01/95 


05 .0200 




10:18 NCR 2398 




DIETETICS/NUTRITION 






21 NCAC 17 .0101 - 


.0102 


10:16 NCR 2046 


02/01/96 


.0104 




10:16 NCR 2046 


02/01/96 


.0107 




10:16 NCR 2046 


02/01/96 


.0113 - 


.0114 


10:16 NCR 2046 


02/01/96 


.0301 - 


.0304 


10:16 NCR 2046 


02/01/96 


.0401 - 


.0402 


10:16 NCR 2046 


02/01/96 


DENTAL EXAMINERS 








21 NCAC 16 




10:16 NCR 2043 


05/01/96 


21 NCAC 16H .0104 




10:16 NCR 2043 


05/01/96 


.0202 - 


.0203 


10:16 NCR 2043 


05/01/96 


16T .0001 - 


.0002 


10:16 NCR 2043 


05/01/96 


I6U .0101 - 


.0102 


10:16 NCR 2043 


05/01/96 


.0201 - 


.0204 


10:16 NCR 2043 


05/01/96 


ELECTRICAL CONTRACTORS 






21 NCAC 18B .0103 




10:15 NCR 1579 


02/01/96 


.0207 




10:15 NCR 1579 


02/01/96 


.0303 




10:15 NCR 1579 


02/01/96 


.0402 




10:15 NCR 1579 


02/01/96 


.0601 




10:15 NCR 1579 


02/01/96 


.0902 - 


.0903 


10:15 NCR 1579 


02/01/96 


.0905 




10:15 NCR 1579 


02/01/96 


ELECTROLYSIS EXA^UNERS 






21 NCAC 19 .0104 




10:11 NCR 907 


12/01/95 


.0204 




10:11 NCR 907 


12/01/95 


.0616 




10 


1 1 NCR 907 


12/01/95 



I 



12/01/95 
01/01/96 
12/01/95 
01/01/96 
12/01/95 
01/01/96 



07/01/95 



01/01/96 
01/01/96 
01/01/96 
01/01/96 



08/01/95 



i 



Rule-Making Proceeding 



Notice on Subject Matter 



12/01/95 
12/01/95 
12/01/95 



4 



2792 



NORTH CAROLINA REGISTER 



February 1, 1996 



10:21 



CUMULATIVE INDEX 





Agency/Rule CHation 


Proposed in 
Register 


Proposed 

Effective 

Date 


Fiscal Note 


EffectiTe 
Date 


Other Informatioii 


State 


Local 











ENVIRONMENT 


, HEALTH, AND NATURAL RESOURCES 








15A NCAC 


01 






10 


18 NCR 2317 








Rule-Making Agenda 




OIC 


.0101 




10 


16 NCR 1828 


02/01/96 












.0503 - 


.0504 


10 


16 NCR 1828 


02/01/96 










OIK 






10 


19 NCR 2506 








Rule-Making Proceeding 




02 






10 


18 NCR 2316 








Public Notice/303 (d) list 




02 






10 


18 NCR 2317 








Rule-Making Agenda 




02B 


.0101 
.0104 
.0202 
.0211 
.0216 




10 
10 
10 
10 
10 


01 NCR 13 
01 NCR 13 
01 NCR 13 
01 NCR 13 
16 NCR 1838 


02/01/96 






Correction to Notice 
Correction to Notice 
Correction to Notice 
Correction to Notice 






.0224- 


.0225 


10 


16 NCR 1838 


02/01/96 












.0224 




10 


18 NCR 2400 








Rule-Making Proceeding 






.0227 




10 


18 NCR 2400 








Rule-Making Proceeding 






.0301 




10 


01 NCR 13 








Correction to Notice 






.0303 




10 


08 NCR 661 


11/01/95 












.0303 




10 


18 NCR 2400 








Rule-Making Proceeding 






.0304 




10 


04 NCR 246 


01/01/96 




01/01/96 








.0304 




10 


05 NCR 301 


11/01/95 




11/01/95 








.0304 




10 


15 NCR 1515 


04/01/96 


X 










.0304 




10 


16 NCR 1846 


05/01/96 


X 










.0304 




10 


21 NCR 2688 








Change to Notice 






.0308 - 


.0310 


10 


08 NCR 661 


11/01/95 












.0308 




10 


08 NCR 661 


02/01/96 












.0313 




10 


11 NCR 901 


02/01/96 












.0315 - 


.0316 


10 


08 NCR 661 


11/01/95 












.0315 




10 


08 NCR 661 


02/01/96 












.0315 




10 


16 NCR 1835 


05/01/96 












.0316 




10 


04 NCR 246 


01/01/96 




01/01/96 






02C 


.0201 - 


.0216 


10 


16 NCR 1848 


05/01/96 










02D 


.0101 
.0501 
.0516 




10 
10 
10 


16 NCR 1867 
16 NCR 1867 
16 NCR 1867 


05/01/96 
05/01/96 
05/01/96 












.0518 - 


.0519 


10 


16 NCR 1867 


05/01/96 












.0520 




10 


01 NCR 13 


07/01/95 


X X 










.0520 




10 


16 NCR 1867 


05/01/96 












.0521 




10 


16 NCR 1867 


05/01/96 












.0524 - 


..0525 


10 


16 NCR 1867 


05/01/96 












.0531 




10 


01 NCR 13 


07/01/95 


X X 


07/01/95 








.0531 




10 


15 NCR 1520 


04/01/96 












.0533 




10 


16 NCR 1867 


05/01/96 












.0535 




10 


16 NCR 1867 


05/01/96 












.0537 




10 


16 NCR 1867 


05/01/96 












.0539 




10 


16 NCR 1867 


05/01/96 












.0601 




10 


16 NCR 1867 


05/01/96 












.0604 




10 


16 NCR 1867 


05/01/96 












.0608 




10 


16 NCR 1867 


05/01/96 












.0804 - 


.0805 


10 


15 NCR 1520 


04/01/96 


X 










.0901 




10 


15 NCR 1520 


04/01/96 












.0902 




10 


01 NCR 13 


07/01/95 


X X 


07/01/95 








.0902 




10 


16 NCR 1867 


05/01/96 












.0909 




10 


01 NCR 13 


07/01/95 


X X 


07/01/95 








.0917 - 


.0924 


10 


15 NCR 1520 


04/01/96 












.0926- 


.0928 


10 


15 NCR 1520 


04/01/96 












.0929 




10 


16 NCR 1867 


05/01/96 












.0934 - 


.0935 


10 


15 NCR 1520 


04/01/96 












.0937 




10 


15 NCR 1520 


04/01/96 












.0951 




10 


15 NCR 1520 


04/01/96 












.0952 




10 


01 NCR 13 


07/01/95 


X X 


07/01/95 








.0953 - 


.0954 


10 


15 NCR 1520 


04/01/96 












.1109- 


.1111 


10 


16 NCR 1867 


05/01/96 












.1202 




10 


16 NCR 1867 


05/01/96 









10:21 



NORTH CAROLINA REGISTER 



February 1, 1996 



2793 



CUMULATIVE INDEX 



Agency/Rule Citation 


Proposed in 
Register 


Proposed 

Effective 

Date 


Fiscal Note 


Effective 
Date 


Other Information 


State 


Local 





.1204- 


.1206 




.1301 - 


.1302 




.1304 






.1402 






.1406 






.1409 






.1701 - 


.1702 




.1801 - 


.1803 




.1901 - 


.1906 


02H 


.0219 
.0610 




02L 


.0106 
.0202 




02 P 


.0402 




02Q 


.0102 
.0103 
.0109 






.0201 - 


.0204 




.0207 






.0302 






.0311 






.0401 - 


0418 




.0501 - 


0503 




.0507 - 


0508 




.0526 




03 






03 






031 


0001 
.0005 
.0018 
.0019 
.0019 




03J 


0103 - 

0107 

.0202 

.0301 

.0401 

.0401 

.0402 

.0403 


.0104 


03K 


0104 - 


.0105 




0201 - 


.0202 


03 L 


.0301 - 


.0302 


03 M 


.0202 
.0204 
.0301 
.0501 






.0503 - 


.0504 




.0506 - 


.0507 




.0510- 


0511 




.0512 




03R 


.0003 - 

.0007 

.0011 


0005 


Permit 






04A 


0001 
.0005 




04B 


.0016 
.0020 
.0028 






0029 - 


0030 


04C 


.0007- 
.0010 


.0008 



10:16 NCR 


1867 


10.15 NCR 


1520 


10:15 NCR 1520 


10:01 NCR 


13 


10:01 NCR 


13 


10:01 NCR 


13 


10:01 NCR 


13 


10:01 NCR 


13 


10:16 NCR 


1867 


10:14 NCR 


1325 


10:16 NCR 


1867 


10:19 NCR 


2508 


10:20 NCR 


2591 


10:19 NCR 


2512 


10:16 NCR 


1867 


10:16 NCR 1867 


10:16 NCR 1867 


10:16 NCR 1867 


10:16 NCR 1867 


10:16 NCR 1867 


10:16 NCR 


1867 


10:15 NCR 


1520 


10:16 NCR 


1867 


10:16 NCR 


1867 


10:16 NCR 


1867 


10:15 NCR 1515 


10:18 NCR 2317 


10:14 NCR 1336 


10:14 NCR 


1336 


10:14 NCR 


1336 


10:21 NCR 2737 


10:21 NCR 2737 


10:14 NCR 


1336 


10:14 NCR 


1336 


10:14 NCR 


1336 


10:14 NCR 


1336 


10:14 NCR 


1336 


10:21 NCR 


2688 


10:14 NCR 1336 


10:15 NCR 1515 


10:14 NCR 1336 


10:14 NCR 


1336 


10:14 NCR 


1336 


10:14 NCR 


1336 


10:14 NCR 1336 


10:14 NCR 


1336 


10:14 NCR 1336 


10:14 NCR 


1336 


10:14 NCR 1336 


10:14 NCR 1336 


10:14 NCR 1336 


10:14 NCR 


1336 


10:14 NCR 


1336 


10:14 NCR 


1336 


10:02 NCR 


56 


10:07 NCR 


579 


10:07 NCR 


579 


10:07 NCR 


579 


10:07 NCR 


579 


10:02 NCR 


149 


10:07 NCR 


579 


10:07 NCR 


579 


10:07 NCR 


579 



05/01/96 
04/01/96 
04/01/96 
07/01/95 
07/01/95 
07/01/95 
07/01/95 
07/01/95 
05/01/96 
05/01/96 
05/01/96 



05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
04/01/96 
05/01/96 
05/01/96 
05/01/96 
03/01/96 

03/01/96 
03/01/96 
03/01/96 

06/01/96 
03/01/96 
03/01/96 
03/01/96 
03/01/96 
03/01/96 
06/01/96 
03/01/96 
03/01/96 
03/01/96 
03/01/96 
03/01/96 
03/01/96 
03/01/96 
03/01/96 
03/01/96 
03/01/96 
03/01/96 
03/01/96 
03/01/96 
03/01/96 
03/01/96 
03/01/96 

10/01/95 
10/01/95 
10/01/95 
10/01/95 
07/01/95 
10/01/95 
10/01/95 
10/01/95 



I 



07/01/95 



01/02/96 



01/02/96 



Temporary Amendment 
Rule-Making Proceeding 
Temporary Amendment 



Notice on Subject Matter 
Rule-Makmg Agenda 



02/01/96 Temporary Adoption 



I 



10/01/95 
10/01/95 
10/01/95 
10/01/95 
08/01/95 
10/01/95 
10/01/95 
10/01/95 



I 



2794 



NORTH CAROLINA REGISTER 



February 1, 1996 



10:21 



CUMULATIVE INDEX 



Agency/Rule Citation 



Proposed in 
Register 



Proposed 

EfTectrve 

Date 



Fiscal Note 



State Local 



Effective 
Date 



Other Informatioa 



04D 


.0002- 


.0003 


10:07 NCR 579 


10/01/95 






10/01/95 


07 






10:18 NCR 2317 










07B 


.0101 




10:09 NCR 751 


12/01/95 


X 


X 






.0201 




10:09 NCR 751 


12/01/95 


X 


X 






.0202- 


.0203 


10:09 NCR 751 


12/01/95 


X 


X 


01/01/96 




.0204 




10:09 NCR 751 


12/01/95 


X 


X 






.0205 




10:09 NCR 751 


12/01/95 


X 


X 


01/01/96 




.0206- 


.0207 


10:09 NCR 751 


12/01/95 


X 


X 






.0208- 


.0209 


10:09 NCR 751 


12/01/95 


X 


X 


01/01/96 




.0210- 


.0213 


10:09 NCR 751 


12/01/95 


X 


X 






.0214 




10:09 NCR 751 


12/01/95 


X 


X 


01/01/96 




.0215 




10:09 NCR 751 


12/01/95 


X 


X 






.0216 




10:09 NCR 751 


12/01/95 


X 


X 


01/01/96 




.0401 - 


.0402 


10:09 NCR 751 


12/01/95 


X 


X 






.0403 - 


.0406 


10:09 NCR 751 


12/01/95 


X 


X 


01/01/96 




.0501 




10:09 NCR 751 


12/01/95 


X 


X 






.0502 - 


.0507 


10:09 NCR 751 


12/01/95 


X 


X 


01/01/96 


07H 


.0106 
.0208 
.0208 
.0305 
.0308 
.0308 




10:16 NCR 1921 
10:03 NCR 197 
10:15 NCR 1552 
10:15 NCR 1552 
10:09 NCR 751 
10:15 NCR 1921 


04/01/96 
12/01/95 
03/01/96 
03/01/96 
12/01/95 
03/01/96 










.0309 - 


.0310 


10:09 NCR 751 


02/01/96 










.1705 




10:09 NCR 751 


12/01/95 










.2201 - 


.2202 


10:03 NCR 204 


12/01/95 










.2203 




10:03 NCR 204 


12/01/95 


X 








.2204 - 


.2205 


10:03 NCR 204 


12/01/95 










.2301 - 


.2305 


10:15 NCR 1552 


03/01/96 








DTK 


.0103 




10:09 NCR 751 


12/01/95 








07L 






10:16 NCR 1921 


04/01/96 








07M 


.0300 
.0300 
.0400 




10:16 NCR 1921 
10:19 NCR 2480 
10:16 NCR 1921 


04/01/96 
02/01/97 








lOB 


.0115 




10:06 NCR 338 


10/01/95 






11/01/95 




.0115- 


.0116 


10:16 NCR 1922 


07/01/96 










.0201 - 


.0203 


10:16 NCR 1923 


07/01/96 










.0202- 


.0203 


10:01 NCR 26 


07/01/95 






07/01/95 




.0202 




10:04 NCR 249 


08/01/95 






09/01/95 




.0208 - 


.0209 


10:16 NCR 1923 


07/01/96 










.0214 




10:01 NCR 26 


07/01/95 






07/01/95 




.0214 




10:16 NCR 1923 


07/01/96 










.0220 




10:16 NCR 1923 


07/01/96 










.0302- 


.0303 


10:16 NCR 1923 


07/01/96 








IOC 


.0205 




10:16 NCR 1923 


07/01/96 










.0301 - 


.0302 


10:16 NCR 1923 


07/01/96 










.0305 




10:16 NCR 1923 


07/01/96 










.0401 




10:16 NCR 1923 


07/01/96 










.0404 




10:06 NCR 338 


12/01/95 






12/01/95 




.0404 




10:16 NCR 1923 


07/01/96 










.0407 




10:06 NCR 338 


12/01/95 






12/01/95 




.0407 




10:16 NCR 1923 


07/01/96 








lOD 


.0002- 


.0003 


10:01 NCR 26 


07/01/95 






07/01/95 




.0002- 


.0004 


10:16 NCR 1923 


07/01/96 










.0003 




10:04 NCR 250 


08/01/95 






09/01/95 




.0003 




10:06 NCR 338 


09/01/95 








lOF 


.0100 




10:19 NCR 2506 












.0313 




10:06 NCR 338 


10/01/95 






10/01/95 




.0317 




10:01 NCR 26 


07/01/95 






07/01/95 




.0323 - 


.0324 


10:11 NCR 904 


12/01/95 






12/01/95 




.0339 




10:13 NCR 1159 


02/01/96 










.0339 




10:15 NCR 1565 


02/01/96 










.0360 




10:13 NCR 1159 


02/01/96 









Rule-Making Agenda 



Notice on Subject Matter 



Notice of Subject Matter 
Notice of Subject Matter 
Change in Location of Hearings 
Notice of Subject Matter 



Rule-Making Proceeding 



10:21 



NORTH CAROLINA REGISTER 



February 1, 1996 



2795 



CUMULATIVE INDEX 





Agency/Rule Citation 


Proposed in 
Register 


Proposed 

Effective 

Date 


Fiscal Note 


Effective 
Date 


Other Information 


State 


Local 



lOK 


.0003 




10:13 NCR 1159 


02/01/96 


Wildlife Proclamation/Striped 


Bass 


10:02 NCR 57 


04/10/95 








10:03 NCR 195 


04/15/95 


11 






10:18 NCR 2317 






.0349 




10:16 NCR 1958 


05/01/96 


12 






10:18 NCR 2317 




13 






10:18 NCR 2317 




13A 


.0006 




10:13 NCR 1160 


01/01/96 




.0019 




10:13 NCR 1160 


01/01/96 


13B 


.0101 




10:06 NCR 350 


10/01/95 




.0103 




10:06 NCR 350 


10/01/95 




.0503 




10:06 NCR 350 


10/01/95 




.0802 - 


.0829 


10:06 NCR 350 


10/01/95 




.0901 - 


.0905 


10:16 NCR 1959 


04/01/96 




.1401 - 


.1409 


10:16 NCR 1959 


04/01/96 




.1627 




10:06 NCR 350 


10/01/95 


16 






10:18 NCR 2317 




16A 


.1001 - 


1005 


10:07 NCR 582 


01/01/96 




.1006 




10:07 NCR 582 


01/01/96 


18 






10:18 NCR 2317 




ISA 


.1720 




10:16 NCR 1977 


04/01/96 




.1722- 


.1723 


10:16 NCR 1977 


04/01/96 




.1725- 


.1727 


10:16 NCR 1977 


04/01/96 




.1801 - 


.1814 


10:13 NCR 1160 


01/01/96 




.1818 




10:13 NCR 1160 


01/01/96 




.2508 




10:06 NCR 350 


01/01/96 




.2509 




10:06 NCR 350 


01/01/96 




.2510- 


.2511 


10:06 NCR 350 


01/01/96 




.2516- 


.2519 


10:06 NCR 350 


01/01/96 




.2521 - 


.2524 


10:06 NCR 350 


01/01/96 




.2526 




10:06 NCR 350 


01/01/96 




.2528 - 


.2535 


10:06 NCR 350 


01/01/96 




.2537 




10:06 NCR 350 


01/01/96 




.2540- 


.2542 


10:06 NCR 350 


01/01/96 




.2543 




10:06 NCR 350 


01/01/96 




.2601 - 


.2602 


10:13 NCR 1160 


01/01/96 




.2618 




10:13 NCR 1160 


01/01/96 




.2624 




10:13 NCR 1160 


01/01/96 




.2632 




10:13 NCR 1160 


01/01/96 




.2635 - 


.2636 


10:13 NCR 1160 


01/01/96 




.2702 




10:16 NCR 1977 


04/01/96 




.3101 - 


.3106 


10:16 NCR 1977 


04/01/96 


19 






10:18 NCR 2317 




19A 


.0401 




10:06 NCR 350 


10/01/95 




.0406 




10:06 NCR 350 


10/01/95 




.0502 




10:06 NCR 350 


10/01/95 


19C 


.0206 




10:05 NCR 305 


10/01/95 




.0601 - 


.0603 


10:16 NCR 1977 


04/01/96 




.0605 - 


.0609 


10:16 NCR 1977 


04/01/96 




.0611 




10:16 NCR 1977 


04/01/96 


19H 


.0702 




10:07 NCR 582 


10/01/95 


20 






10:18 NCR 2317 




20D 


.0233 - 


.0234 


10:13 NCR 1160 


01/01/96 




.0236 




10:13 NCR 1160 


01/01/96 




.0241 - 


.0243 


10:13 NCR 1160 


01/01/96 




.0247 - 


.0252 


10:13 NCR 1160 


01/01/96 


21 






10:18 NCR 2317 




21F 


.0801 - 


.0802 


10:13 NCR 1160 


01/01/96 




.0804 




10:13 NCR 1160 


01/01/96 




.1101 - 


.1103 


10:13 NCR 1160 


01/01/96 




.1105 




10:13 NCR 1160 


01/01/96 


23 






10:18 NCR 2317 




24 






10:18 NCR 2317 





01/01/96 
01/01/96 
10/01/95 
10/01/95 
10/01/95 
10/01/95 



N/A 
01/01/96 



01/01/96 
01/01/96 
01/01/96 

01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 

N/A 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 



10/01/95 
10/01/95 
10/01/95 



N/A 

01/01/96 
01/01/96 
01/01/96 
01/01/96 



01/01/96 
01/01/96 



f 



Rule-Making Agenda 

Rule-Making Agenda 
Rule-Making Agenda 



Agency Did Not Adopt 
Rule-Making Agenda 



Rule-Making Agenda 



RRC Obj/Rule Withdrawn 



i 



Agency Did Not Adopt 



Rule-Making Agenda 



Withdrawn by Agency 
Rule-Making Agenda 



Rule-Making Agenda 



Rule-Making Agenda 
Rule-Making Agenda 



I 



2796 



NORTH CAROLINA REGISTER 



February 1, 1996 



10:21 



CUMULATIVE INDEX 





Agency/Rule Citation 


Proposed in 
Register 


Proposed 

EfTectiTe 

Date 


Fiscal Note 


Effective 
Date 


Other Inf onnation 


State 


Local 



24A 


.0102 




10:13 NCR 1160 


01/01/96 




.0202- 


.0203 


10:13 NCR 1160 


01/01/96 




.0204 




10:13 NCR 1160 


01/01/96 




.0301 




10:13 NCR 1160 


01/01/95 




.0404 




10:06 NCR 350 


10/01/95 


25 






10:18 NCR 2317 






.0213 




10:16 NCR 1996 


04/01/96 


FINAL DECISION LETTERS 






Voting RighU Act 






10:01 NCR 02 
10:03 NCR 194 
10:05 NCR 298 
10:10 NCR 825 
10:11 NCR 889 
10:13 NCR 1084 
10:15 NCR 1429 
10:17 NCR 2227 
10:19 NCR 2478 










10:21 NCR 2684 




GENERAL CONTRACTORS LICENSING BOARD 




21 NCAC 12 


.0302 




10:11 NCR 906 


12/01/95 




.0410 




10:11 NCR 906 


12/01/95 


GENERAL STATUTES 








Chapter 150B 






10:13 NCR 1062 




GOVERNOR'S EXECUTIVE ORDERS 




Number 72 






10:01 NCR 01 




Number 73 






10:02 NCR 54 




Number 74 






10:02 NCR 54 




Number 75 






10:03 NCR 191 




Number 76 






10:03 NCR 191 




Number 77 






10:05 NCR 297 




Number 78 






10:06 NCR 336 




Number 79 






10:07 NCR 427 




Number 80 






10:07 NCR 427 




Number 81 






10:08 NCR 639 




Number 82 






10:10 NCR 823 




Number 83 






10:10 NCR 823 




Number 84 






10:12 NCR 981 




Number 85 






10:13 NCR 1061 




Number 86 






10:13 NCR 1061 




Number 87 






10:17 NCR 2222 




Number 88 






10:17 NCR 2222 




Number 89 






10:17 NCR 2222 




Number 90 






10:20 NCR 2587 




Number 91 






10:20 NCR 2587 




Number 92 






10:20 NCR 2587 




Number 93 






10:21 NCR 2683 




HEARING AID DEALERS AND FITTERS BOARD 




21 NCAC 22 A 


.0203 




10 


16 NCR 2053 


02/01/96 




.0309 




10 


16 NCR 2053 


02/01/96 


22F 


.0003 - 


.0004 


10 


16 NCR 2053 


02/01/96 




.0007- 


.0008 


10 


16 NCR 2053 


02/01/96 




.0013 - 


.0014 


10 


16 NCR 2053 


02/01/96 




.0016 




10 


16 NCR 2053 


02/01/96 




.0018 




10 


16 NCR 2053 


02/01/96 




.0020- 


.0021 


10 


16 NCR 2053 


02/01/96 


221 


.0008 - 


.0009 


10 


16 NCR 2053 


02/01/96 


22K 


.0004- 


.0005 


10 


16 NCR 2053 


02/01/96 



01/01/96 
01/01/96 

01/01/96 
10/01/95 



12/01/95 
12/01/95 



03/06/95 
03/15/95 
03/27/95 
03/30/95 
04/03/95 
05/02/95 
05/23/95 
06/07/95 
06/13/95 
06/27/95 
07/27/95 
08/03/95 
08/24/95 
09/12/95 
09/12/95 
10/27/95 
10/27/95 
10/31/95 
12/05/95 
12/13/95 
12/13/95 
12/21/95 



Rule-Making Agenda 



10:21 



NORTH CAROLINA REGISTER 



February 1, 1996 



2797 



CUMULATIVE INDEX 



Agaicy/Rule Citation 



Proposed in 
Register 



Proposed 

EffectiTe 

Date 



Fiscal Note 



State Local 



Effective 
Date 



Other Information 



f 





22L .0001 




10:16 NCR 2053 


02/01/96 




.0005 - 


.0006 


10:16 NCR 


2053 


02/01/96 




.0009 - 


.0011 


10:16 NCR 


2053 


02/01/96 




.0013 - 


.0015 


10:16 NCR 


2053 


02/01/96 


iUT 


^lAN RESOURCES 










10 


NCAC 03 




10:18 NCR 


2399 






03C .5301 




10:14 NCR 1232 


03/01/96 




.5401 - 


.5414 


10:14 NCR 1232 


03/01/96 




03D .0808 




10:14 NCR 1238 


02/01/96 




.1301 - 


.1302 


10:14 NCR 1238 


02/01/96 




.1401 




10:08 NCR 


641 


11/01/95 




.1401 - 


.1403 


10:14 NCR 1238 


02/01/96 




.1501 - 


.1503 


10:14 NCR 1238 


02/01/96 




03H .0108 - 


.0109 


10:02 NCR 


58 


09/01/95 




.0206 - 


.0220 


10:02 NCR 


58 


09/01/95 




.0306 - 


.0318 


10:02 NCR 


58 


09/01/95 




.0407- 


.0409 


10:02 NCR 


58 


09/01/95 




.0505 - 


.0507 


10.02 NCR 


58 


09/01/95 




.0510 - 


.0517 


10:02 NCR 


58 


09/01/95 




.0605- 


.0609 


10:02 NCR 


58 


09/01/95 




.0705 - 


.0712 


10:02 NCR 


58 


09/01/95 




.0810- 


.0812 


10:02 NCR 


58 


09/01/95 




.0903 - 


.0911 


10:02 NCR 


58 


09/01/95 




.1003 - 


.1008 


10:02 NCR 


58 


09/01/95 




.1105 ■ 


.1109 


10:02 NCR 


58 


09/01/95 




.1130- 


.1136 


10:02 NCR 


58 


09/01/95 




.1150- 


.1163 


10:02 NCR 


58 


09/01/95 




,1204- 


.1208 


10:02 NCR 


58 


09/01/95 




.1210 




10:02 NCR 


58 


09/01/95 




.1306- 


.1308 


10:02 NCR 


58 


09/01/95 




.1405- 


.1406 


10:02 NCR 


58 


09/01/95 




.1408 - 


.1410 


10:02 NCR 


58 


09/01/95 




.1501 - 


.1503 


10:02 NCR 


58 


09/01/95 




.1612- 


.1613 


10:02 NCR 


58 


09/01/95 




.1703 - 


.1704 


10:02 NCR 


58 


09/01/95 




.1804- 


.1807 


10:02 NCR 


58 


09/01/95 




.2001 




10:02 NCR 


58 


09/01/95 




.2101 - 


,2110 


10:02 NCR 


58 


09/01/95 




.2201 - 


.2203 


10:02 NCR 


58 


09/01/95 




.2204 - 


.2206 


10:02 NCR 


58 


09/01/95 




.2207 - 


.2212 


10:02 NCR 


58 


09/01/95 




.2301 - 


.2302 


10:02 NCR 


58 


09/01/95 




.2303 - 


.2308 


10:02 NCR 


58 


09/01/95 




.2401 - 


,2402 


10:02 NCR 


58 


09/01/95 




.2501 - 


.2506 


10:02 NCR 


58 


09/01/95 




.2601 ■ 


.2607 


10:02 NCR 


58 


09/01/95 




.2701 




10:02 NCR 


58 


09/01/95 




.2801 - 


.2802 


10:02 NCR 


58 


09/01/95 




.2901 - 


.2902 


10:02 NCR 


58 


09/01/95 




.3001 - 


3005 


10:02 NCR 


58 


09/01/95 




.3011 - 


.3016 


10:02 NCR 


58 


09/01/95 




.3021 - 


.3032 


10:02 NCR 


58 


09/01/95 




.3101 - 


.3103 


10:02 NCR 


58 


09/01/95 




.3104 




10:02 NCR 


58 


09/01/95 




.3201 - 


.3202 


10:02 NCR 


58 


09/01/95 




.3301 - 


.3302 


10:02 NCR 


58 


09/01/95 




.3401 - 


.3404 


10:02 NCR 


58 


09/01/95 




03L .0901 




10:08 NCR 


641 


02/01/96 




.0902- 


.0907 


10:08 NCR 


641 


02/01/96 




.1001 - 


.1003 


10:08 NCR 


641 


02/01/96 




.1004 




10:08 NCR 


641 


02/01/96 




.1005- 


.1007 


10:08 NCR 


641 


02/01/96 



11/01/95 



01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/02/96 



Rule-Making Proceeding 



♦ 



Filed over RRC Objection 



Filed over RRC Objection 



i 



2798 



NORTH CAROLINA REGISTER 



February I, 1996 



10:21 



n 



CUMULATIVE INDEX 









Proposed in 
Register 


Proposed 

EiTectiTe 

Date 


Fiscal Note 


EfTectiTe 


fWhaa* 1'nft\fnnaiii\t^ 


Agoocy/Rule Citation 






T\uktii 


Valuer uuuruiuuuu 


State 


Local 


Lnxus 


.1101 




10:08 NCR 641 


02/01/96 02/01/96 




.1102- 


.1103 


10:08 NCR 641 


02/01/96 02/01/96 


Filed over RRC Objection 


.1104 




10:08 NCR 641 


02/01/96 02/01/96 




.1105- 


.1106 


10:08 NCR 641 


02/01/96 02/01/96 


Filed over RRC Objection 


.1107 




10:08 NCR 641 


02/01/96 02/01/96 




.1108- 


.1110 


10:08 NCR 641 


02/01/96 02/01/96 


Filed over RRC Objection 


.1111 - 


.1112 


10:08 NCR 641 


02/01/96 02/01/96 




.1201 




10:08 NCR 641 


02/01/96 02/01/96 




.1202 




10:08 NCR 641 


02/01/96 02/01/96 


Filed over RRC Objection 


.1301 - 


.1303 


10:08 NCR 641 


02/01/96 02/01/96 




.1401 




10:08 NCR 641 


02/01/96 02/01/96 




.1402 




10:08 NCR 641 


02/01/96 




03M .0202 - 


.0205 


10:08 NCR 641 


11/01/95 11/01/95 




.0207 




10:08 NCR 641 


11/01/95 11/01/95 




03R .0109 - 


.0111 


10:14 NCR 1243 


01/01/96 




.0213 - 


.0215 


10:14 NCR 1243 


01/01/96 




.0303 - 


.0305 


10:14 NCR 1243 


01/01/96 




.0317 




10:14 NCR 1243 


01/01/96 




.0904 




10:14 NCR 1243 


01/01/96 




.1003 




10:14 NCR 1243 


01/01/96 




.1113 




10:14 NCR 1243 


01/01/96 




.1115- 


.1120 


10:14 NCR 1243 


01/01/95 




.1124- 


.1127 


10:14 NCR 1243 


01/01/96 




.1214 




10:14 NCR 1243 


01/01/96 




.1216 




10:14 NCR 1243 


01/01/96 




.1218- 


.1219 


10:14 NCR 1243 


01/01/96 




.1302 




10:14 NCR 1243 


01/01/96 




.1304- 


.1309 


10:14 NCR 1243 


01/01/96 




.1413 - 


.1414 


10:14 NCR 1243 


01/01/96 




.1418- 


.1419 


10:14 NCR 1243 


01/01/96 




.1613 - 


.1615 


10:14 NCR 1243 


01/01/96 




.1618 - 


.1619 


10:14 NCR 1243 


01/01/96 




.1713 - 


.1714 


10:14 NCR 1243 


01/01/96 




.1719- 


.1720 


10:14 NCR 1243 


01/01/96 




.1912- 


.1914 


10:14 NCR 1243 


01/01/96 




.1916- 


.1918 


10:14 NCR 1243 


01/01/96 




.2002 




10:14 NCR 1243 


01/01/96 




.2004- 


.2011 


10:14 NCR 1243 


01/01/96 




.2117 




10:14 NCR 1243 


01/01/96 




.2120 




10:14 NCR 1243 


01/01/96 




.2319- 


.2320 


10:14 NCR 1243 


01/01/96 




.2402 




10:14 NCR 1243 


01/01/96 




.2404- 


.2412 


10:14 NCR 1243 


01/01/96 




.2502 - 


.2512 


10:14 NCR 1243 


01/01/96 




.2603 




10:14 NCR 1243 


01/01/96 




.2605 




10:14 NCR 1243 


01/01/96 




.2607- 


.2610 


10:14 NCR 1243 


01/01/96 




.2612 - 


.2613 


10:14 NCR 1243 


01/01/96 




.2718- 


.2719 


10:14 NCR 1243 


01/01/96 




.2802- 


.2807 


10:14 NCR 1243 


01/01/96 




.2809 - 


.2810 


10:14 NCR 1243 


01/01/96 




.3001 




10:21 NCR 2699 


01/01/96 


Temporary Amendment 


.3010 




10:21 NCR 2699 


01/01/96 


Temporary Amendment 


.3020 




10:21 NCR 2699 


01/01/96 


Temporary Amendment 


.3030 




10:21 NCR 2699 


01/01/96 


Temporary Amendment 


.3032 




10:21 NCR 2699 


01/01/96 


Temporary Amendment 


.3040 




10:21 NCR 2699 


01/01/96 


Temporary Amendment 


.3050 




10:21 NCR 2699 


01/01/96 


Temporary Amendment 


.3103 




10:14 NCR 1243 


01/01/96 




.3107 - 


.3108 


10:14 NCR 1243 


01/01/96 




.3204 




10:14 NCR 1243 


01/01/96 




.3206 - 


.3207 


10:14 NCR 1243 


01/01/96 




.3306 




10:14 NCR 1243 


01/01/96 





10:21 



NORTH CAROLINA REGISTER 



February 1, 1996 



2799 



CUMULATIVE INDEX 



Agency/Rule Citation 


Proposed in 
Register 


Proposed 

EffectiTC 

Date 


Fiscal Note 


EffecliTe 
Date 


Other Information 


State 


Local 



.3401 




10:14 NCR 1243 


01/01/96 


.3406- 


.3407 


10:14 NCR 1243 


01/01/96 


.3502 - 


.3503 


10:14 NCR 1243 


01/01/96 


.3506 - 


.3507 


10:14 NCR 1243 


01/01/96 


.3606- 


.3507 


10:14 NCR 1243 


01/01/96 


.3706 - 


.3707 


10:14 NCR 1243 


01/01/96 


.3806 - 


.3807 


10:14 NCR 1243 


01/01/96 


.3902- 


.3904 


10:14 NCR 1243 


01/01/96 


.3907- 


.3909 


10:14 NCR 1243 


01/01/96 


.4002 


-.4008 


10:14 NCR 1243 


01/01/96 


.4010- 


.4012 


10:14 NCR 1243 


01/01/96 


.4102 - 


.4107 


10:14 NCR 1243 


01/01/96 


.4202 




10:14 NCR 1243 


01/01/96 


.4204 




10:14 NCR 1243 


01/01/96 


.4206 - 


.4207 


10:14 NCR 1243 


01/01/96 


.7001 - 


.7008 


10:14 NCR 1291 


01/01/96 


03T .0102 




10:14 NCR 1297 


02/01/96 


.0201 - 


.0210 


10:14 NCR 1297 


02/01/96 


.0301 - 


.0303 


10:14 NCR 1297 


02/01/96 


.0401 - 


.0403 


10:14 NCR 1297 


02/01/96 


.0501 - 


.0505 


10:14 NCR 1297 


02/01/96 


.0601 - 


.0605 


10:14 NCR 1297 


02/01/96 


.0701 - 


.0703 


10:14 NCR 1297 


02/01/96 


.0801 - 


.0803 


10:14 NCR 1297 


02/01/96 


.0901 - 


.0902 


10:14 NCR 1297 


02/01/96 


.1001 - 


.1002 


10:14 NCR 1297 


02/01/96 


.1102 




10:14 NCR 1297 


02/01/96 


.1113 




10:14 NCR 1297 


02/01/96 


.1116 




10:14 NCR 1297 


02/01/96 


.1202 




10:14 NCR 1297 


02/01/96 


.1204 




10:14 NCR 1297 


02/01/96 


.1212 




10:14 NCR 1297 


02/01/96 


03U .0102 




10:20 NCR 2593 




.0704 




10:19 NCR 2506 




.0708 




10:19 NCR 2506 




.2701 - 


.2704 


10:20 NCR 2593 




14B .0501 - 


.0503 


10:07 NCR 430 


05/01/96 


.0505 - 


.0509 


10:07 NCR 430 


05/01/96 


14C .1001 - 


.1006 


10:15 NCR 1435 


02/01/96 


.1008 




10:15 NCR 1435 


02/01/96 


.1010- 


.1018 


10:15 NCR 1435 


02/01/96 


.1101 - 


.1105 


10:15 NCR 1435 


02/01/96 


.1107 




10:15 NCR 1435 


02/01/96 


.1110- 


.1111 


10:15 NCR 1435 


02/01/96 


.1114- 


.1121 


10:15 NCR 1435 


02/01/96 


.1123 




10:15 NCR 1435 


02/01/96 


.1125- 


.1131 


10:15 NCR 1435 


02/01/96 


.1133 - 


.1160 


10:15 NCR 1435 


02/01/96 


14D .0006 




10:15 NCR 1435 


02/01/96 


14K .0101 - 


.0103 


10:07 NCR 430 


05/01/96 


.0201 - 


.0219 


10:07 NCR 430 


05/01/96 


.0301 - 


.0310 


10:07 NCR 430 


05/01/96 


.0312- 


.0315 


10:07 NCR 430 


05/01/96 


.0317- 


.0324 


10:07 NCR 430 


05/01/96 


.0326 - 


.0329 


10:07 NCR 430 


05/01/96 


.0333 - 


.0348 


10:07 NCR 430 


05/01/96 


.0350 - 


.0365 


10:07 NCR 430 


05/01/96 


.0401 - 


.0408 


10:07 NCR 430 


05/01/96 


14L .0101 - 


.0106 


10:07 NCR 430 


05/01/96 


.0201 - 


.0203 


10:07 NCR 430 


05/01/96 


.0301 - 


.0308 


10:07 NCR 430 


05/01/96 


.0310 




10:07 NCR 430 


05/01/96 


.0401 - 


.0407 


10:07 NCR 430 


05/01/96 



i 



I 



01/01/96 



01/01/96 



Temporary Amendment 
Rule-Making Proceeding 
Rule-Making Proceeding 
Temporary Adoption 



1 



2800 



NORTH CAROLINA REGISTER 



February 1, 1996 



10:21 



CUMULATIVE INDEX 





Agency/Rule Citation 


Proposed in 
Register 


Proposed 

Effective 

Date 


Fiscal Note 


Effective 
Date 


Other Information 


State 


Local 



.0601 - 


.0606 


10:07 NCR 


430 


05/01/96 


.0609 




10:07 NCR 


430 


05/01/96 


.0611 - 


.0615 


10:07 NCR 


430 


05/01/96 


.0701 - 


.0709 


10:07 NCR 


430 


05/01/96 


.0711 - 


.0712 


10:07 NCR 


430 


05/01/96 


14M .0101 - 


.0113 


10:07 NCR 


430 


05/01/96 


.0501 - 


.0511 


10:07 NCR 


430 


05/01/96 


.0601 - 


.0602 


10:07 NCR 


430 


05/01/96 


.0604 




10:07 NCR 


430 


05/01/96 


.0606 




10:07 NCR 


430 


05/01/96 


.0608- 


.0612 


10:07 NCR 


430 


05/01/96 


.0614 - 


.0615 


10:07 NCR 


430 


05/01/96 


.0617 - 


.0621 


10:07 NCR 


430 


05/01/96 


.0701 - 


.0716 


10:07 NCR 


430 


05/01/96 


14N .0101 - 


.0107 


10:07 NCR 


430 


05/01/96 


.0201 - 


.0207 


10:07 NCR 


430 


05/01/96 


.0301 - 


.0307 


10:07 NCR 


430 


05/01/96 


.0401 - 


.0406 


10:07 NCR 


430 


05/01/96 


.0501 - 


.0507 


10:07 NCR 


430 


05/01/96 


.0701 




10:07 NCR 


430 


05/01/96 


.0703 - 


.0705 


10:07 NCR 


430 


05/01/96 


.0801 - 


.0811 


10:07 NCR 


430 


05/01/96 


.0901 - 


.0905 


10:08 NCR 


656 


05/01/96 


140 .0301 - 


.0314 


10:07 NCR 


430 


05/01/96 


.0401 - 


.0409 


10:07 NCR 


430 


05/01/96 


.0411 - 


.0416 


10:07 NCR 


430 


05/01/96 


.0501 - 


.0505 


10:07 NCR 


430 


05/01/96 


.0601 - 


.0609 


10:07 NCR 


430 


05/01/96 


.0611 - 


.0615 


10:07 NCR 


430 


05/01/96 


.0617 - 


.0618 


10:07 NCR 


430 


05/01/96 


.0701 - 


.0710 


10:07 NCR 


430 


05/01/96 


14V 




10:15 NCR 1479 


05/01/96 


14V .0101 - 


.0104 


10:07 NCR 


430 


05/01/96 


.0101 - 


.0104 


10:13 NCR 1085 


05/01/96 


.0201 - 


.0208 


10:07 NCR 


430 


05/01/96 


.0201 - 


.0208 


10:13 NCR 1085 


05/01/96 


.0301 - 


.0304 


10:07 NCR 


430 


05/01/96 


.0301 - 


.0304 


10:13 NCR 1085 


05/01/96 


.0401 - 


.0405 


10:07 NCR 


430 


05/01/96 


.0401 - 


.0405 


10:13 NCR 1085 


05/01/96 


.0501 - 


.0505 


10:07 NCR 


430 


05/01/96 


.0501 - 


.0505 


10:13 NCR 1085 


05/01/96 


.0601 - 


.0604 


10:07 NCR 


430 


05/01/96 


.0601 - 


.0607 


10:13 NCR 1085 


05/01/96 


.0701 - 


.0712 


10:07 NCR 


430 


05/01/96 


.0701 - 


.0713 


10:13 NCR 1085 


05/01/96 


.0801 - 


.0805 


10:07 NCR 


430 


05/01/96 


.0801 - 


.0805 


10:13 NCR 1085 


05/01/96 


.1101 - 


.1103 


10:07 NCR 


430 


05/01/96 


.1101 - 


.1103 


10:13 NCR 1085 


05/01/96 


.1201 - 


.1203 


10:07 NCR 


430 


05/01/96 


.1201 - 


.1203 


10:13 NCR 1085 


05/01/96 


.1301 - 


.1303 


10:07 NCR 


430 


05/01/96 


.1301 - 


.1304 


10:13 NCR 1085 


05/01/96 


.1401 - 


.1403 


10:07 NCR 


430 


05/01/96 


.1401 - 


.1403 


10:13 NCR 1085 


05/01/96 


.1501 - 


.1504 


10:07 NCR 


430 


05/01/96 


.1501 - 


.1504 


10:13 NCR 1085 


05/01/96 


.2101 - 


.2104 


10:07 NCR 


430 


05/01/96 


.2101 - 


.2104 


10:13 NCR 1085 


05/01/96 


.2201 - 


.2204 


10:07 NCR 


430 


05/01/96 


.2201 - 


.2204 


10:13 NCR 1085 


05/01/96 


.2301 - 


.2306 


10:07 NCR 


430 


05/01/96 



Notice on Subject Matter 
Agency Did Not Adopt 

Agency Did Not Adopt 

Agency Did Not Adopt 

Agency Did Not Adopt 

Agency Did Not Adopt 

Agency Did Not Adopt 

Agency Did Not Adopt 

Agency Did Not Adopt 

Agency Did Not Adopt 

Agency Did Not Adopt 

Agency Did Not Adopt 

Agency Did Not Adopt 

Agency Did Not Adopt 

Agency Did Not Adopt 

Agency Did Not Adopt 

Agency Did Not Adopt 



10:21 



NORTH CAROLINA REGISTER 



February I, 1996 



2801 



CUMULATIVE INDEX 



AgQicy/Rule Citation 


Proposed in 
Register 


Proposed 


Fiscal Note 


Effective 
Date 


Other Information 


Date 


State 


Local 



2301 - 


.2306 


10;13 NCR 1085 


05/01/96 


2401 - 


.2404 


10:07 NCR 430 


05/01/96 


2401 - 


.2404 


10:13 NCR 1085 


05/01/96 


2501 - 


.2505 


10:07 NCR 430 


05/01/96 


2501 


.2505 


10:13 NCR 1085 


05/01/96 


3101 - 


.3103 


10:07 NCR 430 


05/01/96 


31C1 


.3103 


10:13 NCR 1085 


05/01/96 


3201 


.3203 


10:07 NCR 430 


05/01/96 


3201 - 


.3203 


10:13 NCR 1085 


05/01/96 


3301 - 


.3303 


10:07 NCR 430 


05/01/96 


3301 - 


.3303 


10:13 NCR 1085 


05/01/96 


3401 - 


.3403 


10:07 NCR 430 


05/01/96 


3401 - 


.3403 


10:13 NCR 1085 


05/01/96 


3501 - 


.3503 


10:07 NCR 430 


05/01/96 


3501 - 


.3503 


10:13 NCR 1085 


05/01/96 


3601 - 


.3604 


10:07 NCR 430 


05/01/96 


3601 - 


.3604 


10:13 NCR 1085 


05/01/96 


3701 - 


.3703 


10:07 NCR 430 


05/01/96 


3701 - 


.3703 


10:13 NCR 1085 


05/01/96 


3801 - 


.3803 


10:07 NCR 430 


05/01/96 


3801 - 


.3803 


10:13 NCR 1085 


05/01/96 


3901 - 


.3903 


10:07 NCR 430 


05/01/96 


3901 - 


.3903 


10:13 NCR 1085 


05/01/96 


4001 - 


.4003 


10:07 NCR 430 


05/01/96 


4001 - 


.4003 


10:13 NCR 1085 


05/01/96 


4101 - 


.4104 


10:07 NCR 430 


05/01/96 


4101 - 


.4104 


10:13 NCR 1085 


05/01/96 


4201 - 


.4203 


10:13 NCR 1085 


05/01/96 


5001 - 


.5002 


10:07 NCR 430 


05/01/96 


5001 - 


.5003 


10:13 NCR 1085 


05/01/96 


5101 - 


.5104 


10:07 NCR 430 


05/01/96 


5101 - 


.5104 


10:13 NCR 1085 


05/01/96 


5201 - 


.5204 


10:07 NCR 430 


05/01/96 


5201 - 


.5204 


10:13 NCR 1085 


05/01/96 


5301 - 


.5303 


10:07 NCR 430 


05/01/96 


5301 - 


.5303 


10:13 NCR 1085 


05/01/96 


5401 - 


.5403 


10:07 NCR 430 


05/01/96 


5401 - 


.5403 


10:13 NCR 1085 


05/01/96 


5501 - 


.5503 


10:07 NCR 430 


05/01/96 


5501 - 


.5503 


10:13 NCR 1085 


05/01/96 


5601 - 


.5603 


10:07 NCR 430 


05/01/96 


5601 ■ 


.5603 


10:13 NCR 1085 


05/01/96 


5701 - 


.5703 


10:07 NCR 430 


05/01/96 


5701 - 


.5703 


10:13 NCR 1085 


05/01/96 


5801 - 


.5804 


10:07 NCR 430 


05/01/96 


5801 - 


.5804 


10:13 NCR 1085 


05/01/96 


5901 - 


.5903 


10:07 NCR 430 


05/01/96 


5901 - 


.5903 


10:13 NCR 1085 


05/01/96 


6001 - 


.6003 


10:07 NCR 430 


05/01/96 


6001 - 


.6003 


10:13 NCR 1085 


05/01/96 


6101 - 


.6103 


10:07 NCR 430 


05/01/96 


6101 - 


.6103 


10:13 NCR 1085 


05/01/96 


6201 - 


.6202 


10:07 NCR 430 


05/01/96 


6201 - 


.6202 


10:13 NCR 1085 


05/01/96 


6301 - 


.6303 


10:07 NCR 430 


05/01/96 


6301 - 


.6303 


10:13 NCR 1085 


05/01/96 


6401 - 


.6403 


10:07 NCR 430 


05/01/96 


6401 - 


.6403 


10:13 NCR 1085 


05/01/96 


.6501 - 


.6503 


10:07 NCR 430 


05/01/96 


.6501 - 


.6503 


10:13 NCR 1085 


05/01/96 


.6601 - 


.6603 


10:07 NCR 430 


05/01/96 


.6601 - 


.6603 


10:13 NCR 1085 


05/01/96 


.6701 • 


.6702 


10:07 NCR 430 


05/01/96 



Agency Did 
Agency Did 
Agency Did 
Agency Did 
Agency Did 
Agency Did 
Agency Did 
Agency Did 
Agency Did 
Agency Did 
Agency Did 
Agency Did 
Agency Did 



Not Adopt 
Not Adopt 
Not Adopt 
Not Adopt 
Not Adopt 
Not Adopt 
Not Adopt 
Not Adopt 
Not Adopt 
Not Adopt 
Not Adopt 
Not Adopt 
Not Adopt 



Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 



2802 



NORTH CAROLINA REGISTER 



February 1, 1996 



10:21 



CUMULATIVE INDEX 





Agency/Rule Citation 


Proposed is 
Register 


I>__-,v,~l 




Note 


Effective 
Date 


Odier Information 


Effective 
Date 




Sute 


Local 





.6701 - 


.6702 


10:13 NCR 1085 


05/01/96 






.6801 - 


.6802 


10:07 NCR 


430 


05/01/96 






.6801 - 


.6802 


10:13 NCR 1085 


05/01/96 






.6901 - 


.6903 


10:07 NCR 


430 


05/01/96 






.6901 - 


.6903 


10:13 NCR 1085 


05/01/96 




15A 


.0115- 


.0127 


10:13 NCR 1085 


01/01/96 


X 




.0205- 


.0228 


10:13 NCR 1085 


01/01/96 


X 


18A 


.0124 - 


.0128 


10:07 NCR 


430 


05/01/96 






.0130 




10:07 NCR 


430 


05/01/96 






.0132 - 


.0133 


10:07 NCR 


430 


05/01/96 






.0135 - 


.0136 


10:07 NCR 


430 


05/01/96 




18D 


.0209 




10:14 NCR 1311 


01/01/96 




18F 


.0115- 


.0117 


10:14 NCR 1311 


01/01/96 




181 


.0114- 


.0120 


10:07 NCR 


430 


05/01/96 




18J 


.0110- 


.0119 


10:07 NCR 


430 


05/01/96 






.0212- 


.0213 


10:07 NCR 


430 


05/01/96 






.0304 - 


.0311 


10:07 NCR 


430 


05/01/96 






.0507 - 


.0511 


10:08 NCR 


656 


05/01/96 






.0601 - 


.0604 


10:07 NCR 


430 


05/01/96 






.0701 - 


.0715 


10:07 NCR 


430 


05/01/96 






.0801 - 


.0805 


10:07 NCR 


430 


05/01/96 






.0803 




10:02 NCR 


118 


07/01/95 




18K 


.0109 - 


.0116 


10:07 NCR 


430 


05/01/96 






.0262- 


.0263 


10:08 NCR 


656 


05/01/96 




18L 


.0107 - 


.0108 


10:07 NCR 


430 


05/01/96 






.0223- 


.0224 


10:07 NCR 


430 


05/01/96 






.0331 - 


.0336 


10:07 NCR 


430 


05/01/96 






.0338 - 


.0339 


10:07 NCR 


430 


05/01/96 






.0428 - 


.0434 


10:07 NCR 


430 


05/01/96 






.0504 




10:07 NCR 


430 


05/01/96 






.0511 




10:07 NCR 


430 


05/01/96 






.0513 




10:07 NCR 


430 


05/01/96 






.0601 - 


.0607 


10:08 NCR 


656 


05/01/96 






.0701 - 


.0705 


10:07 NCR 


430 


05/01/96 






.0707 




10:07 NCR 


430 


05/01/96 






.0801 




10:07 NCR 


430 


05/01/96 






.0803 - 


.0809 


10:07 NCR 


430 


05/01/96 






.0901 - 


.0904 


10:07 NCR 


430 


05/01/96 






.1001 - 


.1006 


10:07 NCR 


430 


05/01/96 






.1101 - 


.1103 


10:07 NCR 


430 


05/01/96 






.1105- 


.1107 


10:07 NCR 


430 


05/01/96 






.1201 




10:07 NCR 


430 


05/01/96 






.1203 - 


.1206 


10:07 NCR 


430 


05/01/96 






.1301 - 


.1309 


10:07 NCR 


430 


05/01/96 






.1401 - 


.1403 


10:07 NCR 


430 


05/01/96 






.1501 - 


.1525 


10:07 NCR 


430 


05/01/96 




18M 


.0107 - 


.0110 


10:07 NCR 


430 


05/01/96 






.0206 - 


.0213 


10:07 NCR 


430 


05/01/96 






.0304 - 


.0307 


10:07 NCR 


430 


05/01/96 






.0406- 


.0409 


10:07 NCR 


430 


05/01/96 






.0505 - 


.0506 


10:07 NCR 


430 


05/01/96 






.0607- 


.0608 


10:07 NCR 


430 


05/01/96 






.0701 




10:07 NCR 


430 


05/01/96 






.0703 - 


.0706 


10:07 NCR 


430 


05/01/96 






.0708 - 


.0714 


10:07 NCR 


430 


05/01/96 






.0801 - 


.0803 


10:07 NCR 


430 


05/01/96 






.0817- 


.0819 


10:07 NCR 


430 


05/01/96 






.0824 - 


.0838 


10:07 NCR 


430 


05/01/96 






.0901 - 


.0908 


10:07 NCR 


430 


05/01/96 






.1001 - 


.1009 


10:07 NCR 


430 


05/01/96 






.1101 - 


.1106 


10:07 NCR 


430 


05/01/96 






.1203 - 


.1204 


10:07 NCR 


430 


05/01/96 






.1302- 


.1305 


10:07 NCR 


430 


05/01/96 





Agency Did Not Adopt 
Agency Did Not Adopt 



01/01/96 
01/01/96 



07/01/95 



10:21 



NORTH CAROLINA REGISTER 



February 1, 1996 



2803 



CUMULATIVE INDEX 





Agency/Rule Citation 


Proposed in 
Register 


Proposed 

Effective 

Date 


Tiscal Note 


Effective 
Date 


Other Information 


State 


Local 








.1401 - 


.1403 


10:07 NCR 430 


05/01/96 








.1405- 


.1410 


10:07 NCR 430 


05/01/96 






18N 


.0105 - 


.0110 


10:07 NCR 430 


05/01/96 








.0204- 


.0212 


10:07 NCR 430 


05/01/96 








.0305 - 


.0306 


10:07 NCR 430 


05/01/96 








.0601 - 


.0605 


10:08 NCR 656 


05/01/96 








.0701 - 


.0709 


10:08 NCR 656 


05/01/96 






180 


.0517- 


.0524 


10:08 NCR 656 


05/01/96 






18P 


.0901 - 


.0903 


10:07 NCR 430 


05/01/96 








.1001 - 


.1004 


10:07 NCR 430 


05/01/96 






18Q 


.0284 




10:07 NCR 430 


05/01/96 








.0286 - 


.0287 


10:07 NCR 430 


05/01/96 








.0520 - 


.0521 


10:07 NCR 430 


05/01/96 








.0538 - 


.0552 


10:07 NCR 430 


05/01/96 






19C 


.0209 




10:16 NCR 1708 


02/01/96 








.0408 - 


.0410 


10:16 NCR 1708 


02/01/96 








.0504 




10:16 NCR 1708 


02/01/96 








.0509 - 


.0512 


10:16 NCR 1708 


02/01/96 








.0602 




10:16 NCR 1708 


02/01/96 








.0604 




10:16 NCR 1708 


02/01/96 








.0702 - 


.0703 


10:16 NCR 1708 


02/01/96 






19G 


.0501 • 


.0502 


10:14 NCR 1312 


01/01/96 


01/01/96 






.0603 




10:14 NCR 1312 


01/01/96 


01/01/96 






.0606 - 


.0612 


10:14 NCR 1312 


01/01/96 


01/01/96 






.0803 




10:14 NCR 1312 


01/01/96 


01/01/96 






.0806 




10:14 NCR 1312 


01/01/96 


01/01/96 






.0817 




10:14 NCR 1312 


01/01/96 


01/01/96 






.0823 




10:14 NCR 1312 


01/01/96 


01/01/96 




20A 


.0102 




10:16 NCR 1716 


02/01/96 






20B 


.0204 - 


.0206 


10:16 NCR 1716 


02/01/96 








.0208 - 


.0210 


10:16 NCR 1716 


02/01/96 








.0218 




10:16 NCR 1716 


02/01/96 








.0222 




10:16 NCR 1716 


02/01/96 








.0224 




10:16 NCR 1716 


02/01/96 








.0226 ■ 


.0227 


10:16 NCR 1716 


02/01/96 






20C 


.0205 




10:16 NCR 1716 


02/01/96 


X 






.0316 




10:16 NCR 1716 


02/01/96 


X 




26B 


.0105 




10:18 NCR 2398 






Rule-Making Proceeding 




.0110 




10:08 NCR 660 


10/01/95 


10/01/95 






.0112 




10:16 NCR 1721 


02/01/96 








.0113 




10:16 NCR 1721 


02/01/96 








.0124 




10:02 NCR 118 


07/01/95 


X 07/01/95 




26G 


.0703 - 


.0705 


10:12 NCR 982 


12/01/95 


12/01/95 




26H 


.0212 - 


.0213 


10:13 NCR 1153 


01/01/96 


X 01/01/96 






.0213 




10:02 NCR 118 


07/01/95 


07/01/95 






.0213 




10:14 NCR 1317 


01/01/96 


X 01/01/96 






.0302 




10:04 NCR 228 


08/01/95 


X 08/01/95 






.0304 - 


.0305 


10:04 NCR 228 


08/01/95 


X 08/01/95 






.0308 - 


.0309 


10:04 NCR 228 


08/01/95 


X 08/01/95 






.0506 




10:21 NCR 2686 






Rule-Making Proceedings 




.0508 




10:12 NCR 982 


12/01/95 


12/01/95 




261 


.0101 




10:10 NCR 826 


11/01/95 


12/11/95 


Filed over RRC Objection 




.0102 




10:10 NCR 826 


11/01/95 


12/01/95 






.0103 




10:10 NCR 826 


11/01/95 


12/11/95 


Filed over RRC Objection 




.0104 - 


.0107 


10:10 NCR 826 


11/01/95 


12/01/95 




26K 


.0006 




10:15 NCR 1479 


02/01/96 






39D 


.0302 - 


.0303 


10:09 NCR 722 


11/01/95 


11/01/95 






.0304 




10:15 NCR 1483 


02/01/96 


X 




41F 


.0706 




10:03 NCR 196 


08/01/95 


08/01/95 






.0706 




10:21 NCR 2726 




01/01/96 


Temporary Repeal 




.0707 




10:21 NCR 2726 




01/01/96 


Temporary Adoption 




.0812 




10:03 NCR 196 


08/01/95 


08/01/95 






.0812 




10:21 NCR 2726 




01/01/96 


Temporary Repeal 



i 



i 



2804 



NORTH CAROLINA REGISTER 



February I, 1996 



10:21 



CUMULATIVE INDEX 



\ 



\ 



> 





AgeEicy/Rule Citation 




Proposed io 


Proposed 


Fiscal Note 


Effective 


Otlipr InfnnnflfiAn 


Register 


Date 


State 


Local 


Date 


v/uivn uuim luuuuii 




.0813 




10:21 NCR 2726 


01/01/96 


Temporary Adoption 


411 


.0100 




10:17 NCR 2228 




Rule-Making Proceedings 




.0102 




10:21 NCR 2687 


07/01/96 




42A 


.0701 - 


.0703 


10:21 NCR 2728 


01/01/96 


Temporary Adoption 


42B 


.1209 




10:13 NCR 1158 


01/01/96 






.1209 




10:21 NCR 2729 


01/01/96 


Temporary Repeal 




.1210- 


.1211 


10:21 NCR 2729 


01/01/96 


Temporary Adoption 




.2402- 


.2405 


10:21 NCR 2729 


01/01/96 


Temporary Adoption 


42C 


.2010 




10:13 NCR 1158 


01/01/96 






.2010 




10:21 NCR 2729 


01/01/96 


Temporary Repeal 




.2011 - 


.2012 


10:21 NCR 2729 


01/01/96 


Temporary Adoption 




.3701 - 


.3704 


10:21 NCR 2729 


01/01/96 


Temporary Adoption 


42D 


.1409 




10:13 NCR 1158 


01/01/96 






.1409 




10:21 NCR 2729 


01/01/96 


Temporary Repeal 




.1410- 


.1411 


10:21 NCR 2729 


01/01/96 


Temporary Adoption 




.1827- 


.1830 


10:21 NCR 2729 


01/01/96 


Temporary Adoption 


42H 


.0911 




10:09 NCR 722 


12/01/95 12/01/95 




42V 


.0201 




10:20 NCR 2597 


12/12/95 


Temporary Amendment 




.0802- 


.0803 


10:20 NCR 2597 


12/12/95 


Temporary Amendment 


42W 


.0001 - 


.0002 


10:10 NCR 828 


11/01/95 11/01/95 




46A 


.0001 




10:16 NCR 1724 


02/01/96 






.OOOS 




10:16 NCR 1724 


02/01/96 




46C 


.0107 




10:16 NCR 1724 


02/01/96 




46D 


.0101 




10:16 NCR 1724 


02/01/96 






.0103 




10:16 NCR 1724 


02/01/96 






.OlOS - 


.0107 


10:16 NCR 1724 


02/01/96 






.0202 




10:16 NCR 1724 


02/01/96 




46E 


.0108 - 


.0109 


10:16 NCR 1724 


02/01/96 






.0111 




10:16 NCR 1724 


02/01/96 




46F 


.0107 - 


.0108 


10:16 NCR 1724 


02/01/96 






.0110 




10:16 NCR 1724 


02/01/96 




46G 


.0110 




10:16 NCR 1724 


02/01/96 






.0113 




10:16 NCR 1724 


02/01/96 






.0214 




10:16 NCR 1724 


02/01/96 




46H 


.0101 




10:16 NCR 1724 


02/01/96 






.0103 - 


.0105 


10:16 NCR 1724 


02/01/96 






.0108 




10:16 NCR 1724 


02/01/96 






.0110 




10:16 NCR 1724 


02/01/96 






.0201 - 


.0203 


10:16 NCR 1724 


02/01/96 






.0206- 


.0207 


10:16 NCR 1724 


02/01/96 




47B 


.0404- 


.040S 


10:15 NCR 1483 


02/01/96 




49B 


.0102 




10:15 NCR 1483 


02/01/96 




49C 


.0107 




10:16 NCR 1731 


02/01/96 X 




SOB 


.0313 




10:14 NCR 1321 


01/01/96 01/01/96 




SOD 


.0101 - 


.0103 


10:15 NCR 1479 


02/01/96 






.0201 




10:15 NCR 1479 


02/01/96 






.0301 - 


.0302 


10:15 NCR 1479 


02/01/96 






.0401 - 


.0402 


10:15 NCR 1479 


02/01/96 






.0501 - 


.0503 


10:15 NCR 1479 


02/01/96 




INSURANCE 












11 NCAC 04 


.0120 - 


.0124 


10 


15 NCR 1489 


02/01/96 






.0421 - 


.0422 


10 


15 NCR 1489 


02/01/96 






.0429 - 


.0430 


10 


15 NCR 1489 


02/01/96 






.OSOl - 


.0509 


10 


16 NCR 1732 


01/01/97 




06A 


.0201 




10 


16 NCR 1738 


02/01/96 






.0217 




10 


16 NCR 1738 


02/01/96 






.0225 - 


.0226 


10 


16 NCR 1738 


02/01/96 






.0234 - 


.0236 


10 


16 NCR 1738 


02/01/96 






.0240 




10 


16 NCR 1738 


02/01/96 






.0301 - 


.0302 


10 


16 NCR 1738 


02/01/96 






.0304 - 


.0306 


10 


16 NCR 1738 


02/01/96 





10:21 



NORTH CAROLINA REGISTER 



February 1, 1996 



2805 



CUMULATIVE INDEX 



Agency/Rule Citation 



Proposed in 
Register 



Proposed 

EffectiTe 

Date 



Fiscal Note 



State Local 



EffectiTe 
Date 



Other Informatiaii 



i 



.0402 




10 


16 NCR 1738 


02/01/96 


.0410 




10 


16 NCR 1738 


02/01/96 


.0413 




10 


16 NCR 1738 


02/01/96 


.0417 




10 


16 NCR 1738 


02/01/96 


.0501 




10 


16 NCR 1738 


02/01/96 


.0701 - 


.0705 


10 


16 NCR 1738 


02/01/96 


.0808 - 


.0810 


10 


16 NCR 1738 


02/01/96 


.0812 




10 


04 NCR 246 


08/01/95 


.0813 




10 


16 NCR 1738 


02/01/96 


.0901 - 


.0904 


10 


16 NCR 1738 


02/01/96 


09 .0101 - 


.0104 


10 


15 NCR 1490 


02/01/96 


.0201 - 


.0203 


10 


15 NCR 1490 


02/01/96 


10 .0105 




10 


15 NCR 1492 


02/01/96 


.0605 




10 


15 NCR 1492 


02/01/96 


.1102- 


.1103 


10 


15 NCR 1492 


02/01/96 


.1110- 


.1111 


10 


15 NCR 1492 


02/01/96 


.1603 




10 


15 NCR 1492 


02/01/96 


IIB .0111 




10 


15 NCR 1503 


02/01/96 


.0114 




10 


15 NCR 1503 


02/01/96 


.0140- 


.0142 


10 


15 NCR 1503 


02/01/96 


.0146 




10 


15 NCR 1503 


02/01/96 


.0148 




10 


15 NCR 1503 


02/01/96 


.0302 - 


.0306 


10 


15 NCR 1503 


02/01/96 


.0601 - 


.0602 


10 


16 NCR 1751 


02/01/96 


.0604 




10 


16 NCR 1751 


02/01/96 


.0607 




10 


16 NCR 1751 


02/01/96 


.0610 




10 


16 NCR 1751 


02/01/96 


.0612 




10 


16 NCR 1751 


02/01/96 


.0616 - 


.0617 


10 


16 NCR 1751 


02/01/96 


UC .0112- 


.0113 


10 


15 NCR 1503 


02/01/96 


.0118 




10 


15 NCR 1503 


02/01/96 


.0132 




10 


15 NCR 1503 


02/01/96 


.0313 




10 


15 NCR 1503 


02/01/96 


.0504 - 


.0505 


10 


15 NCR 1503 


02/01/96 


IID .0108- 


.0109 


10 


15 NCR 1503 


02/01/96 


.0302 - 


.0305 


10 


15 NCR 1503 


02/01/96 


IIF .0401 - 


.0405 


10 


16 NCR 1756 


02/01/97 


12 .0307 




10 


16 NCR 1764 


02/01/96 


.0326 




10 


16 NCR 1764 


02/01/96 


.0415 - 


.0416 


10 


16 NCR 1764 


02/01/96 


.0436 




10 


16 NCR 1764 


02/01/96 


.0449 




10 


16 NCR 1764 


02/01/96 


.0460 




10 


16 NCR 1764 


02/01/96 


.0514 




10 


16 NCR 1762 


02/01/96 


.0551 




10 


18 NCR 2399 




.0552 




10 


16 NCR 1764 


02/01/96 


.0562 




10 


16 NCR 1764 


02/01/96 


.0822 




10 


16 NCR 1764 


02/01/96 


.0824 - 


.0825 


10 


16 NCR 1764 


02/01/96 


.0835 




10 


16 NCR 1764 


02/01/96 


.0837 




10 


16 NCR 1764 


02/01/96 


.0839 




10 


16 NCR 1764 


02/01/96 


.0901 




10 


16 NCR 1787 


03/01/96 


.0918 - 


.0919 


10 


16 NCR 1787 


03/01/96 


.1004 




10 


16 NCR 1764 


02/01/96 


.1601 - 


.1604 


10 


16 NCR 1764 


02/01/96 


.1701 - 


.1709 


10 


16 NCR 1764 


02/01/96 


13 .0317 




10 


15 NCR 1513 


02/01/96 


.0319 




10 


15 NCR 1513 


02/01/96 


14 .0202 




10 


15 NCR 1503 


02/01/96 


.0430 - 


.0432 


10 


15 NCR 1503 


02/01/96 


.0603 




10 


15 NCR 1503 


02/01/96 


.0705 




10 


15 NCR 1503 


02/01/96 



08/01/95 



i 



Rule-Making Proceeding 



i 



2806 



NORTH CAROLINA REGISTER 



February 1, 1996 



10:21 



CUMULATIVE INDEX 



$ 





Agency/Rule Citation 


Proposed in 


Proposed 
Effective 


Fisral Note 


Effective 
Date 


Other Information 




Local 




Date 


State 



I 





16 


.0602 
.0703 




10:15 NCR 1514 
10:18 NCR 2399 


02/01/96 






.0704 




10:11 NCR 


900 


12/01/95 




17 


.0003 




10:16 NCR 1787 


02/01/96 






.0006 




10:16 NCR 1764 


02/01/96 




20 


.0101 




10:16 NCR 1787 


03/01/96 






.0201 - 


.0205 


10:16 NCR 1787 


03/01/96 






.0301 - 


.0304 


10:16 NCR 1787 


03/01/96 






.0401 - 


.0410 


10:16 NCR 1787 


03/01/96 






.0501 - 


.0511 


10:16 NCR 1787 


03/01/96 






.0601 - 


.0602 


10:16 NCR 1787 


03/01/96 






.0701 - 


.0703 


10:16 NCR 1787 


06/01/96 




21 


.0101 - 


.0110 


10:16 NCR 1787 


03/01/96 


us 

12 


TICE 

NCAC 04E 


.0104 




10:07 NCR 


573 


10/01/95 




07D 


.0201 




10:07 NCR 


575 


10/01/95 






.0204 




10:11 NCR 


900 


12/01/95 






.0301 




10:07 NCR 


575 


10/01/95 






.0401 




10:07 NCR 


575 


10/01/95 






.0701 




10:07 NCR 


575 


10/01/95 






.0706 




10:07 NCR 


575 


10/01/95 






.0801 




10:07 NCR 


575 


10/01/95 






.0806 




10:07 NCR 


575 


10/01/95 






.0808 




10:16 NCR 1796 


02/01/96 






.0902 




10:07 NCR 


575 


10/01/95 






.0904 




10:07 NCR 


575 


10/01/95 




09A 


.0204 




10:02 NCR 


122 


08/01/95 




09B 


.0113 




10:02 NCR 


122 


08/01/95 






.0201 - 


.0202 


10:02 NCR 


122 


08/01/95 






.0205 




10:02 NCR 


122 


08/01/95 






.0206 




10:02 NCR 


122 


08/01/95 






.0210 




10:02 NCR 


122 


08/01/95 






.0212- 


.0214 


10:02 NCR 


122 


08/01/95 






.0226 - 


.0228 


10:02 NCR 


122 


08/01/95 






.0232- 


.0233 


10:02 NCR 


122 


08/01/95 




09C 


.0401 




10:02 NCR 


122 


08/01/95 






.0601 




10:02 NCR 


122 


08/01/95 




09D 


.0102 




10:02 NCR 


122 


08/01/95 






.0104 - 


.0106 


10:02 NCR 


122 


08/01/95 




09F 


.0101 - 


.0107 


10:16 NCR 1797 


05/01/96 




lOB 


.0102- 


.0103 


10:09 NCR 


723 


01/01/96 






.0105 




10:09 NCR 


723 


01/01/96 






.0204 




10:09 NCR 


723 


01/01/96 






.0301 




10:09 NCR 


723 


01/01/96 






.0304 




10:09 NCR 


723 


01/01/96 






.0307 




10:09 NCR 


723 


01/01/96 






.0401 - 


.0403 


10:09 NCR 


723 


01/01/96 






.0405 




10:09 NCR 


723 


01/01/96 






.0407- 


.0409 


10:09 NCR 


723 


01/01/96 






.0502 - 


.0503 


10:09 NCR 


723 


01/01/96 






.0505 




10:09 NCR 


723 


01/01/96 






.0601 - 


.0607 


10:09 NCR 


723 


01/01/96 






.0702- 


.0706 


10:09 NCR 


723 


01/01/96 






.0801 - 


.0803 


10:09 NCR 


723 


01/01/96 






.0901 




10:09 NCR 


723 


01/01/96 






.0903 - 


.0906 


10:09 NCR 


723 


01/01/96 






.0908 - 


.0912 


10:09 NCR 


723 


01/01/96 






.1004- 


.1005 


10:09 NCR 


723 


01/01/96 






.1201 - 


.1205 


10:09 NCR 


723 


01/01/96 




11 


.0210 




10:05 NCR 


301 


09/01/95 



12/01/95 



10/01/95 
12/01/95 

12/01/95 
12/01/95 
12/01/95 
12/01/95 
12/01/95 
12/01/95 

12/01/95 
12/01/95 
08/01/95 
08/01/95 
01/01/96 
07/01/97 
08/01/95 
08/01/95 
08/01/95 
08/01/95 
08/01/95 
08/01/95 
08/01/95 
08/01/95 
08/01/95 

01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
10/01/95 



Rule-Making Proceeding 



LABOR 



10:21 



NORTH CAROLINA REGISTER 



February 1, 1996 



2807 



CUMULATIVE INDEX 





Agency/Rule Citation 


Proposed in 
Register 


Proposed 

Effective 

Date 


Fiscal Note 


Effective 
Date 


Other Information 


State 


Local 







13 NCAC 



06 






07F 


.0101 
.0201 




12 


.0101 






.0303 - 


.0315 




.0501 - 


.0502 




.0803 - 


.0808 



15 



.0101 - .0110 



LANDSCAPE ARCHITECTS 

21 NCAC 26 .0307 

LIST OF RULES CODIFIED 



MARRIAGE AND FAMILY THERAPY LICENSURE BOARD 



21 NCAC 31 



0102 

.0104 

.0201 - .0203 

.0301 - .0304 

.0401 - .0404 

.0501 - .0506 

.0601 - .0609 

.0701 

.0801 

.0901 



MEDICAL EXAMINERS 



21 



NCAC 32B 
32F 
32H 



.0901 
.0003 



.0902 



.0102 
.0201 
.0203 
.0408 
.0506 
.0601 
.0602 
.0801 
.1001 
321 .0003 - .0004 
32M .0001 

.0002 - .0004 
.0005 - .0006 
.0007 - .0012 

MORTUARY SCIENCE 

21 NCAC 34B .0401 



10:01 NCR 


10 


10:01 NCR 


12 


10:02 NCR 


149 


10:02 NCR 


149 


10:02 NCR 


149 


10:02 NCR 


149 


10:03 NCR 


196 


10:03 NCR 


197 


10:16 NCR 


1799 


10:16 NCR 180O 


10:16 NCR 1823 


10:02 NCR 


142 


10:02 NCR 


142 


10:02 NCR 


142 


10:02 NCR 


142 


10:16 NCR 1827 


10:14 NCR 1323 


10:15 NCR 1583 


10:02 NCR 


167 


10:04 NCR 


272 


10:06 NCR 


392 


10:09 NCR 


783 


10:10 NCR 


845 


10:12 NCR 1017 


10:15 NCR 1585 


'Y LICEN 

10:16 NCR 


SUR 

2062 


10:16 NCR 


2062 


10:16 NCR 


2062 


10:16 NCR 


2062 


10:16 NCR 


2062 


10:16 NCR 


2062 


10:16 NCR 2062 


10:16 NCR 2062 


10:16 NCR 2062 


10:16 NCR 


2062 


10:10 NCR 


831 


10:10 NCR 


831 


10:18 NCR 


2400 


10:02 NCR 


151 


10:02 NCR 


151 


10:02 NCR 


151 


10:02 NCR 


151 


10:02 NCR 


151 


10:02 NCR 


151 


10:02 NCR 


151 


10:02 NCR 


151 


10:02 NCR 


151 


10:02 NCR 


151 


10:10 NCR 


831 


10:10 NCR 


831 


10:10 NCR 


831 


10:10 NCR 


831 


10:13 NCR 1182 



01/01/96 
01/01/96 
10/01/95 
01/01/96 
01/01/96 
02/01/96 
01/01/96 
01/01/96 
04/01/96 
04/01/96 
02/01/96 
08/01/95 
08/01/95 
08/01/95 
08/01/95 
04/01/96 
01/01/96 



02/01/96 



03/01/96 
03/01/96 
03/01/96 
03/01/96 
03/01/96 
03/01/96 
03/01/96 
03/01/96 
03/01/96 
03/01/96 



11/01/95 
11/01/95 

07/01/96 
07/01/96 
07/01/96 
07/01/96 
07/01/96 
07/01/95 
07/01/96 
07/01/96 
07/01/96 
07/01/95 
11/01/95 
11/01/95 
11/01/95 
11/01/95 



01/01/96 



01/01/96 



12/01/95 
12/01/95 

07/01/96 
07/01/96 

07/01/96 
07/01/96 
09/01/95 
07/01/96 
07/01/96 
07/01/96 
09/01/95 
01/01/96 
01/01/96 
01/01/96 
01/01/96 



i 



Notice 
Notice 
Notice 
Notice 
Notice 
Notice 
Notice 
Notice 
Notice 



on Subject 
on Subject 
on Subject 
on Subject 
on Subject 
on Subject 
on Subject 
on Subject 
on Subject 



Matter 
Matter 
Matter 
Matter 
Matter 
Matter 
Matter 
Matter 
Matter 



Notice on Subject Matter 



Rules 
Rules 
Rules 
Rules 
Rules 
Rules 
Rules 



Filed 
Filed 
Filed 
Filed 
Filed 
Filed 
Filed 



03/95 
04/95 
05/95 
06/95 
07/95 
08/95 
09/95 



Rule-Making Proceeding 



2808 



NORTH CAROLINA REGISTER 



February 1, 1996 



10:21 



CUMULATIVE INDEX 



$ 



I 





Agency/R 






Proposed in 
Register 








Otlier Information 


ule CHatioii 


Proposed 

Effective 

Date 


Fiscal Note 


Effective 
Date 


State 


Local 


34D 


.0202 




10:13 NCR 1182 


01/01/96 01/01/96 






.0301 




10:13 NCR 1182 


01/01/96 01/01/96 




NURSING, BOARD OF 










21 NCAC 36 


.0109 




10 


1 1 NCR 908 


01/01/96 01/01/96 






.0202- 


.0203 


10 


11 NCR 908 


01/01/96 01/01/96 






.0209 




10 


11 NCR 908 


01/01/96 01/01/96 






.0211 




10 


11 NCR 908 


01/01/96 01/01/96 






.0216 - 


.0219 


10 


11 NCR 908 


01/01/96 01/01/96 






.0221 




10 


11 NCR 908 


01/01/96 01/01/96 






.0225 




10 


11 NCR 908 


01/01/96 01/01/96 






.0227 




10 


11 NCR 908 


01/01/96 01/01/96 






.0228 




10 


16 NCR 2068 


02/01/96 






.0318 




10 


11 NCR 908 


01/01/96 01/01/96 






.0320 




10 


11 NCR 908 


01/01/96 01/01/96 






.0322 




10 


11 NCR 908 


01/01/96 01/01/96 






.0401 - 


.0405 


10 


10 NCR 839 


12/01/95 12/01/95 




NURSING HOME ADMINISTRATORS 






21 NCAC 37 


.0101 




10 


04 NCR 262 


08/01/95 08/01/95 






.0302 




10 


03 NCR 206 


08/01/95 N/A 


Agency withdrew Rule 




.0404 




10 


03 NCR 206 


08/01/95 N/A 


Agency withdrew Rule 




.0502 




10 


03 NCR 206 


08/01/95 08/01/95 






.0603 




10 


03 NCR 206 


08/01/95 08/01/95 






.0904 




10 


04 NCR 262 


08/01/95 N/A 


Agency withdrew Rule 




.0912 




10 


03 NCR 206 


08/01/95 08/01/95 






.0914 




10 


03 NCR 206 


08/01/95 N/A 


Agency withdrew Rule 


37A 


.0101 




10 


16 NCR 2069 


04/01/96 






.0108 




10 


16 NCR 2069 


04/01/96 






.0110 




10 


16 NCR 2069 


04/01/96 






.0208 




10 


16 NCR 2069 


04/01/96 






.0211 




10 


16 NCR 2069 


04/01/96 






.0306 




10 


16 NCR 2069 


04/01/96 






.0308 




10 


16 NCR 2069 


04/01/96 






.0506 




10 


16 NCR 2069 


04/01/96 






.0603 - 


.0604 


10 


16 NCR 2069 


04/01/96 






.0702- 


.0707 


10 


16 NCR 2069 


04/01/96 






.0805 




10 


16 NCR 2069 


04/01/96 






.0901 




10 


16 NCR 2069 


04/01/96 






.0905 




10 


16 NCR 2069 


04/01/96 






.0907 




10 


16 NCR 2069 


04/01/96 






.1203 




10 


16 NCR 2069 


04/01/96 




37B 


.0101 - 


.0103 


10 


16 NCR 2069 


04/01/96 






.0201 




10 


16 NCR 2069 


04/01/96 






.0203 




10 


16 NCR 2069 


04/01/96 






.0205 




10 


16 NCR 2069 


04/01/96 




37C 


.0101 - 


.0103 


10 


16 NCR 2069 


04/01/96 




37D 


.0101 - 


.0102 


10 


16 NCR 2069 


04/01/96 






.0201 - 


.0203 


10 


16 NCR 2069 


04/01/96 






.0301 - 


.0303 


10 


16 NCR 2069 


04/01/96 






.0402- 


.0406 


10 


16 NCR 2069 


04/01/96 






.0408 - 


.0412 


10 


16 NCR 2069 


04/01/96 






.0501 - 


.0503 


10 


16 NCR 2069 


04/01/96 






.0601 - 


.0603 


10 


16 NCR 2069 


04/01/96 






.0605 




10 


16 NCR 2069 


04/01/96 






.0701 - 


.0703 


10 


16 NCR 2069 


04/01/96 




37E 


.0101 - 


.0102 


10 


16 NCR 2069 


04/01/96 




37F 


.0101 - 


.0102 


10 


16 NCR 2069 


04/01/96 




37G 


.0101 - 


.0102 


10 


16 NCR 2069 


04/01/96 






.0201 - 


.0202 


10 


16 NCR 2069 


04/01/96 






.0301 




10 


16 NCR 2069 


04/01/96 






.0401 




10 


16 NCR 2069 


04/01/96 




37H 


.0101 - 


.0104 


10 


16 NCR 2069 


04/01/96 





10:21 



NORTH CAROLINA REGISTER 



February 1, 1996 



2809 



CUMULATIVE INDEX 









Agency/Rule Citation 


Proposed in 
Register 


Proposed 

Effective 

Date 


Fiscal Note 


Effective 
Date 


Other Information 


State 


Local 


371 


.0101 




10:16 NCR 2069 


04/01/96 




OPTICIANS 












21 NCAC 40 


.0314 




10;16 NCR 2081 


02/01/96 




PASTORAL COLINSELORS, FEE-BASED PRACTICING 




21 NCAC 45 


.0101 




10:16 NCR 2082 


03/01/96 






.0201 - 


.0203 


10:16 NCR 2082 


03/01/96 






.0301 - 


.0303 


10:16 NCR 2082 


03/01/96 






.0401 - 


.0402 


10:16 NCR 2082 


03/01/96 






.0501 




10:16 NCR 2082 


03/01/96 






.0601 




10:16 NCR 2082 


03/01/96 






.0701 




10:16 NCR 2082 


03/01/96 






.0801 ■ 


.0802 


10:16 NCR 2082 


03/01/96 






.0901 




10:16 NCR 2082 


03/01/96 






.1001 




10:16 NCR 2082 


03/01/96 




PHARMACY, BOARD OF 








21 NCAC 46 


.1204 




10:16 NCR 2085 


05/01/96 






.1317 




10:16 NCR 2085 


05/01/96 






.1401 - 


.1404 


10:16 NCR 2085 


05/01/96 






.1406 




10:16 NCR 2085 


05/01/96 






.1408 




10:16 NCR 2085 


05/01/96 






.1410 - 


.1417 


10:16 NCR 2085 


05/01/96 






.1505 




10:16 NCR 2085 


05/01/96 






.1601 - 


.1604 


10:16 NCR 2085 


05/01/96 






.1607 




10:16 NCR 2085 


05/01/96 






.1701 - 


.1705 


10:16 NCR 2085 


05/01/96 






.1810- 


.1811 


10:16 NCR 2085 


05/01/96 






.1910 




10:16 NCR 2085 


05/01/96 






.2104 




10:16 NCR 2085 


05/01/96 






.2403 




10:16 NCR 2085 


05/01/96 






.2502 




10:16 NCR 2085 


05/01/96 






.2504 




10:16 NCR 2085 


05/01/96 






.2506 




10:16 NCR 2085 


05/01/96 






.2602 




10:16 NCR 2085 


05/01/96 






.2609 




10:16 NCR 2085 


05/01/96 






.2611 




10:16 NCR 2085 


05/01/96 




PHYSICAL THERAPY EXAMINERS 






21 NCAC 48A 


.0001 




10:16 NCR 2107 


02/01/96 






.0004 




10:16 NCR 2107 


02/01/96 




48B 


.0002 




10:16 NCR 2107 


02/01/96 




48C 


.0103 




10:08 NCR 671 


10/01/95 N/A 


Agency withdrew Rule 


48D 


.0006 




10:08 NCR 671 


10/01/95 10/01/95 






.0008 




10:08 NCR 671 


10/01/95 10/01/95 






.0009 - 


.0011 


10:16 NCR 2107 


02/01/96 






.0011 




10:08 NCR 671 


10/01/95 10/01/95 




48E 


.0101 




10:16 NCR 2107 


02/01/96 






.0104 




10:16 NCR 2107 


02/01/96 






.0110 




10:08 NCR 671 


10/01/95 10/01/95 






.0110 




10:16 NCR 2107 


02/01/96 




48F 


.0002 




10:08 NCR 671 


10/01/95 10/01/95 






.0003 




10:16 NCR 2107 


02/01/96 




48G 


.0501 - 


.0516 


10:08 NCR 671 


10/01/95 10/01/95 






.0504 




10:16 NCR 2107 


02/01/96 






.0509 




10:16 NCR 2107 


02/01/96 






.0601 




10:08 NCR 671 


10/01/95 10/01/95 






.0601 




10:16 NCR 2107 


02/01/96 




48H 


.0102 




10:16 NCR 2107 


02/01/96 






.0104 




10:08 NCR 671 


10/01/95 10/01/95 






.0701 - 


.0704 


1C:08 NCR 671 


10/01/95 10/01/95 






.0701 




10:16 NCR 2107 


02/01/96 





i 



2810 



NORTH CAROLINA REGISTER 



February I, 1996 



10:21 



CUMULATIVE INDEX 



I 





Agency/Rule Citatioii 


Proposed in 
Register 


Proposed 

EfTective 

Dale 


Fiscal Note 


Effective 
Date 


Other Information 


Sute 


Local 



PLUMBING, HEATING & FIRE SPRINKLER CONTRACTORS 

21 NCAC 50 .0402 10:01 NCR 39 09/01/95 

.0505 10:01 NCR 39 09/01/95 



09/01/95 

N/A 



Agency Did Not Adopt 



PROFESSIONAL COUNSELORS 



\ 



I 



21 NCAC 53 


0204- 


.0211 


10:01 NCR 40 


07/01/95 


.0301 




10:01 NCR 40 


07/01/95 


.0305 - 


.0309 


10:01 NCR 40 


07/01/95 


.0310 




10:01 NCR 40 


07/01/95 


.0403 - 


.0405 


10:01 NCR 40 


07/01/95 


.0601 - 


.0604 


10:01 NCR 40 


07/01/95 


PROFESSIONAL ENGINEERS AND LAND SURVEYORS 


21 NCAC 56 .0802 




10 


1 1 NCR 934 


12/01/95 


.0804 




10 


11 NCR 934 


12/01/95 


.0902 




10 


1 1 NCR 934 


12/01/95 


.1103 




10 


11 NCR 934 


12/01/95 


.1301 




10 


1 1 NCR 934 


12/01/95 


.1602 




10 


11 NCR 934 


12/01/95 


.1604 




10 


1 1 NCR 934 


12/01/95 


.1608 




10 


11 NCR 934 


12/01/95 


.1707 




10 


1 1 NCR 934 


12/01/95 


.1712- 


.1713 


10 


11 NCR 934 


12/01/95 


PSYCHOLOGY BOARD 








21 NCAC 54 




10:21 NCR 2698 




.1604- 


.1605 


10:16 NCR 2111 


03/01/96 




1608 




10:16 NCR 2111 


03/01/96 




1610 




10:16 NCR 2111 


03/01/96 




1701 




10:11 NCR 929 


12/01/95 




1703 - 


.1705 


10:16 NCR 2111 


03/01/96 




1707 




10:11 NCR 929 


12/01/95 




1801 - 


.1803 


10:16 NCR 2111 


03/01/96 




1901 




10:16 NCR 2111 


03/01/96 




1904 




10:16 NCR 2111 


03/01/96 




2001 - 


.2005 


10:16 NCR 2111 


03/01/96 




2007- 


.2009 


10:16 NCR2111 


03/01/96 




2101 




10:16 NCR 2111 


03/01/96 




2103 




10:16 NCR 2111 


03/01/96 




2201 - 


.2204 


10:16 NCR 2111 


03/01/96 




2704- 


.2706 


10:11 NCR 929 


12/01/95 


PUBLIC EDUCATION 








16 NCAC 06 A .0001 - 


.0002 


10:16 NCR 1997 


04/01/96 


06B .0001 - 


.0002 


10:16 NCR 1997 


04/01/96 


.0004- 


.0006 


10:16 NCR 1997 


04/01/96 


06C .0101 




10:15 NCR 1565 


04/01/96 


.0313 




10:15 NCR 1565 


04/01/96 


.0401 




10:17 NCR 2229 




06D .0102 




10:16 NCR 1997 


04/01/96 


.0104 




10:16 NCR 1997 


04/01/96 


.0106 




10:07 NCR 584 


11/01/95 


.0301 - 


.0302 


10:16 NCR 1997 


04/01/96 


06E .0101 - 


.0102 


10:16 NCR 1997 


04/01/96 


.0104 




10:16 NCR 1997 


04/01/96 


.0202 




10:16 NCR 1997 


04/01/96 


06G .0301 - 


.0303 


10:16 NCR 1997 


04/01/96 


06H .0001 




10:16 NCR 1997 


04/01/96 


.0006- 


.0008 


10:16 NCR 1997 


04/01/96 


REAL ESTATE COMMISSION 






21 NCAC 58 A 


0104 




10 


16 NCR 2124 


03/01/96 



07/01/95 
07/01/95 
07/01/95 

07/01/95 
07/01/95 



Reschedule Heating 10:16 



01/01/96 
01/01/96 



01/01/96 



11/15/95 Temporary Amendment Rule 



10:21 



NORTH CAROLINA REGISTER 



February 1, 1996 



2811 



CUMULATIVE INDEX 







Proposed 






Effective 
Date 


Other Information 


A^Qicy/Riile Citation 


Proposed in 


Fiscal Note 


Register 


Date 


State 


Local 





.0107 




10:16 NCR 2124 


03/01/96 




.0110 




10:02 NCR 157 


07/01/95 




.0113 




10:16 NCR 2124 


03/01/96 




.0302 




10:16 NCR 2124 


03/01/96 




.0401 - 


.0402 


10:16 NCR 2124 


03/01/96 




.0403 




10:04 NCR 263 


08/01/95 




.0502 




10:16 NCR 2124 


01/01/97 




.0503 




10:04 NCR 263 


08/01/95 




.0503 - 


.0506 


10:16 NCR 2124 


03/01/96 




.0504 - 


.0506 


10:02 NCR 157 


07/01/95 




.0505 




10:04 NCR 263 


08/01/95 




.0510 




10:16 NCR 2124 


03/01/96 




.0610 




10:16 NCR 2124 


03/01/96 




.1702 




10:16 NCR 2124 


03/01/96 




.1703 




10:02 NCR 157 


07/01/95 




.1707 - 


.1708 


10:02 NCR 157 


07/01/95 




.1708 




10:16 NCR 2124 


03/01/96 




.1710- 


.1711 


10:02 NCR 157 


07/01/95 




1711 




10:16 NCR 2124 


03/01/96 


58C 


0104 




10:16 NCR 2124 


03/01/96 




0305- 


.0307 


10:16 NCR 2124 


03/01/96 




0311 - 


.0312 


10:16 NCR 2124 


03/01/96 


58E 


0103 




10:02 NCR 157 


07/01/95 




0203 - 


.0204 


10:02 NCR 157 


07/01/95 




0203 - 


.0204 


10:16 NCR 2124 


03/01/96 




0302- 


.0304 


10:16 NCR 2124 


03/01/96 




0303 - 


.0305 


10:02 NCR 157 


07/01/95 




0310 




10:16 NCR 2124 


03/01/96 




0406- 


.0407 


10:02 NCR 157 


07/01/95 




0406- 


.0407 


10:16 NCR 2124 


03/01/96 




0411 




10:16 NCR 2124 


03/01/96 




0503 




10:16 NCR 2124 


03/01/96 




0506 




10:02 NCR 157 


07/01/95 




0511 




10:16 NCR 2124 


03/01/96 




0515 




10:02 NCR 157 


07/01/95 


REFRIGERATIOr 


^ EXAMI>fERS 






21 NCAC 60 


0102 




10:04 NCR 264 


08/01/95 




0105 




10:09 NCR 781 


11/01/95 




0204 




10:04 NCR 264 


08/01/95 




0314 




10:04 NCR 264 


08/01/95 




1102 




10:04 NCR 264 


08/01/95 




1103 




10:09 NCR 781 


11/01/95 


REVENUE 










Tax Review Board 






10:01 NCR 03 




Tax Review Board 






10:07 NCR 428 




Tax Review Board 






10:09 NCR 716 




Tax Review Board 






10:11 NCR 890 




Tax Review Board 






10:17 NCR 2224 




17 NCAC OIC 


0504 
0506 




10:20 NCR 2599 
10:20 NCR 2599 




07B 


1101 




10:21 NCR 2688 


05/01/96 




1105 




10:21 NCR 2688 


05/01/96 




1108 - 


.1110 


10:21 NCR 2688 


05/01/96 




1112 




10:21 NCR 2688 


05/01/96 




1114 




10:21 NCR 2688 


05/01/96 




1123 




10:21 NCR 2688 


05/01/96 




1602 




10:21 NCR 2688 


05/01/96 




1701 - 


.1702 


10:21 NCR 2688 


05/01/96 




1802 




10:21 NCR 2688 


05/01/96 




2401 




10:21 NCR 2688 


05/01/96 




2601 




10:21 NCR 2688 


05/01/96 



07/01/95 



08/01/95 

08/01/95 

07/01/95 
08/01/95 



07/01/95 
07/01/95 

07/01/95 



07/01/95 
07/01/95 



07/01/95 
07/01/95 

07/01/95 
07/01/95 



08/01/95 
11/01/95 
08/01/95 
08/01/95 
08/01/95 
11/01/95 



12/20/95 
12/20/95 



Temporary Amendment 
Temporary Amendment 



2812 



NORTH CAROLINA REGISTER 



February 1, 1996 



10:21 



CUMULATIVE INDEX 



I 





Agoicy/Rule Citation 


Proposed in 
Register 


Proposed 

Effective 

Date 


Fiscal Note 


CffectiTe 
Date 


Other Information 


State 


Local 



> 



I 





.4002 




10 


21 NCR 2688 


05/01/96 




.4004 




10 


21 NCR 2688 


05/01/96 




.4008 




10 


21 NCR 2688 


05/01/96 




.4301 




10 


21 NCR 2688 


05/01/96 




.4408 




10 


21 NCR 2688 


05/01/96 




.4902 




10 


21 NCR 2688 


05/01/96 


09G 


.0102 




10 


16 NCR 2006 


11/30/96 




.0104 - 


.0105 


10 


16 NCR 2006 


11/30/96 




.0107 




10 


16 NCR 2006 


11/30/96 




.0201 - 


.0203 


10 


16 NCR 2006 


11/30/96 




.0301 - 


.0304 


10 


16 NCR 2006 


11/30/96 




.0306 




10 


16 NCR 2006 


11/30/96 




.0402- 


.0404 


10 


16 NCR 2006 


11/30/96 




.0502 - 


.0509 


10 


16 NCR 2006 


11/30/96 




.0512 




10 


16 NCR 2006 


11/30/96 




.0514 




10 


16 NCR 2006 


11/30/96 




.0516 




10 


16 NCR 2006 


11/30/96 


09H 


.0102 - 


.0103 


10 


16 NCR 2006 


11/30/96 




.0105 




10 


16 NCR 2006 


11/30/96 




.0202- 


.0203 


10 


16 NCR 2006 


11/30/96 




.0206 - 


.0210 


10 


16 NCR 2006 


11/30/96 




.0302 - 


.0303 


10 


16 NCR 2006 


11/30/96 




.0305 - 


.0306 


10 


16 NCR 2006 


11/30/96 




.0409 




10 


16 NCR 2006 


11/30/96 


09K 


.0201 - 


.0206 


10 


16 NCR 2006 


01/01/96 




.0401 




10 


16 NCR 2006 


01/01/96 




.0501 - 


.0513 


10 


16 NCR 2006 


01/01/96 




.0601 - 


.0602 


10 


16 NCR 2006 


01/01/96 


09L 


.0301 - 


.0302 


10 


16 NCR 2006 


01/01/96 




.0401 - 


.0404 


10 


16 NCR 2006 


01/01/96 


SECRETARY OF STATE 






18 NCAC 04 


.0102 




10:15 NCR 1567 


02/01/96 




.0201 




10:15 NCR 1567 


02/01/96 




.0203 




10:15 NCR 1567 


02/01/96 




.0205 - 


.0206 


10:15 NCR 1567 


02/01/96 




.0302 - 


.0308 


10:15 NCR 1567 


02/01/96 




.0311 - 


.0314 


10:15 NCR 1567 


02/01/96 




.0316- 


.0318 


10:15 NCR 1567 


02/01/96 




.0401 - 


.0402 


10:15 NCR 1567 


02/01/96 




.0501 - 


.0504 


10:15 NCR 1567 


02/01/96 


05 


.0101 




10:15 NCR 1573 


02/01/96 




.0203 - 


.0209 


10:15 NCR 1573 


02/01/96 




.0304 - 


.0305 


10:15 NCR 1573 


02/01/96 




.0404 




10:15 NCR 1573 


02/01/96 


06 


.1205 - 


.1206 


10:05 NCR 306 


09/01/95 




.1208 




10:05 NCR 306 


09/01/95 




.1302 - 


.1305 


10:05 NCR 306 


09/01/95 




.1313 




10:05 NCR 306 


09/01/95 




.1402 




10:11 NCR 906 


12/01/95 




.1601 - 


.1602 


10:15 NCR 1575 


02/01/96 




.1604- 


.1605 


10:15 NCR 1575 


02/01/96 




.1607 




10:15 NCR 1575 


02/01/96 


07 


.0302 




10:15 NCR 1578 


02/01/96 


09 






10:16 NCR 2015 


04/01/96 




.0101 - 


.0108 


10:19 NCR 2480 


04/01/96 




.0109 




10:21 NCR 2738 




SOCIAL WORK, 


BOARD OF 






21 NCAC 63 


.0306 




10:13 NCR 1185 


01/01/96 




.0306 




10 


21 NCR 2739 





01/01/96 



Notice on Subject Matter 
Temporary Adoption 
Temporary Adoption 



01/01/96 Temporary Amendment 



SOIL SCIENTISTS, BOARD FOR LICENSING 



10:21 



NORTH CAROLINA REGISTER 



February 1, 1996 



2813 



CUMULATIVE INDEX 



Agency/Rule Citation 


Proposed in 
Register 


Proposed 

Effective 

Date 


Fiscal Note 


EffectiTe 
Date 


Other Information 


State 


Local 



21 NCAC 69 






10:19 NCR 2507 




STATE PERSONMEL 










25 NCAC 01 B 


.0201 




10:16 NCR 2155 


02/01/96 




.0203 - 


.0207 


10:16 NCR 2155 


02/01/96 




.0213 




10:16 NCR 2155 


02/01/96 




.0414 




10:16 NCR 2155 


02/01/96 




.0431 




10:16 NCR 2155 


02/01/96 




.0437 - 


.0439 


10:16 NCR 2155 


02/01/96 


OIC 


.0207 




10:04 NCR 


264 


08/01/95 




.0402- 


.0408 


10:04 NCR 


264 


08/01/95 




.0412 




10:16 NCR 


2155 


02/01/96 


OlD 


.0201 




10:04 NCR 


264 


08/01/95 




.0205 




10:04 NCR 


264 


08/01/95 




.0207 




10:04 NCR 


264 


08/01/95 




.0211 




10:04 NCR 


264 


08/01/95 




.0401 




10:12 NCR 


986 


12/01/95 




.0406 




10:12 NCR 


986 


12/01/95 




.0504 




10:12 NCR 


986 


12/01/95 




.0509 




10:07 NCR 


588 


10/01/95 




.0510- 


.0511 


10:12 NCR 


986 


12/01/95 




.0515 




10:12 NCR 


986 


12/01/95 




.0520 




10:16 NCR 2155 


02/01/96 




.0808 




10:04 NCR 


264 


08/01/95 




.0910 




10:12 NCR 


986 


12/01/95 




.1001 




10:04 NCR 


264 


08/01/95 




.1001 




10:12 NCR 


986 


12/01/95 




.1005 




10:12 NCR 


986 


12/01/95 




.1009 




10:04 NCR 


264 


08/01/95 




.1009 - 


.1010 


10:12 NCR 


986 


12/01/95 




.1201 




10:04 NCR 


264 


08/01/95 




.1204 




10:04 NCR 


264 


08/01/95 




.1401 




10:04 NCR 


264 


08/01/95 




.1801 - 


.1802 


10:04 NCR 


264 


08/01/95 




.1928 




10:12 NCR 


986 


12/01/95 




.2001 




10:04 NCR 


264 


08/01/95 




.2301 - 


.2305 


10:16 NCR 


2155 


02/01/96 




.2601 - 


.2604 


10:12 NCR 


986 


12/01/95 


DIE 


.0304 - 


.0305 


10:12 NCR 


986 


12/01/95 




.0804 




10:04 NCR 


264 


08/01/95 




.1001 - 


.1002 


10:12 NCR 


986 


12/01/95 




.1110 




10:12 NCR 


986 


12/01/95 




.1402- 


.1411 


10:07 NCR 


588 


10/01/95 


OIH 


.0628 




10:12 NCR 


986 


12/01/95 


Oil 


.2301 - 


.2310 


10:12 NCR 


986 


12/01/95 


OIJ 


.0401 - 


.0413 


10:12 NCR 


986 


12/01/95 




.0501 - 


.0511 


10:12 NCR 


986 


12/01/95 




.0604- 


.0606 


10:07 NCR 


588 


10/01/95 




.0608 




10:07 NCR 


588 


10/01/95 




.0610- 


.0615 


10:07 NCR 


588 


10/01/95 




.0801 - 


.0809 


10:12 NCR 


986 


12/01/95 


OIK 


.0312 




10:04 NCR 


264 


08/01/95 




.0318 




10:12 NCR 


986 


12/01/95 




.0701 - 


.0705 


10:12 NCR 


986 


12/01/95 




.0707 - 


.0708 


10:12 NCR 


986 


12/01/95 


OIL 


.0101 - 


.0106 


10:12 NCR 


986 


12/01/95 



Rule-Making Proceeding 



12/01/95 
12/01/95 
12/01/95 
10/01/95 
12/01/95 
12/01/95 



12/01/95 

12/01/95 
12/01/95 

12/01/95 



12/01/95 
08/08/95 

12/01/95 
12/01/95 

12/01/95 
12/01/95 
10/01/95 
12/01/95 
12/01/95 
12/01/95 
12/01/95 
10/01/95 
10/01/95 
10/01/95 
12/01/95 

12/01/95 
12/01/95 
12/01/95 
12/02/95 



SUBSTANCE ABUSE PROFESSIONALS CERTIFICATION BOARD 

21 NCAC 68 10:18 NCR 2401 

.0501 - .0511 10:14 NCR 1382 02/01/96 

.0601 - .0610 10:14 NCR 1382 02/01/96 



Rule-Making Proceeding 



THERAPEUTIC RECREATION CERTIFICATION BOARD 



2814 



NORTH CAROLINA REGISTER 



February 1, 1996 



10:21 



CUMULATIVE INDEX 







Proposed 

Effective 

Date 






Effective 
Date 


Other Information 


Agency/Rule CHatioii 


Proposed in 
Register 


Fiscal Note 


State 


Local 







21 NCAC 65 


.0004 




10:16 NCR 2140 


02/01/96 




.0006- 


.0007 


10:16 NCR 2140 


02/01/96 


TRANSPORTATION 








19A NCAC 02D 


.0415 




10:12 NCR 984 


12/31/95 




.0801 




10:04 NCR 254 


09/01/95 




.1101 - 


.1112 


10:16 NCR 2015 


03/01/96 


03 D 


.0517 




10:16 NCR 2020 


02/01/96 




.0549 




10:16 NCR 2020 


02/01/96 




.0551 - 


.0553 


10:16 NCR 2020 


02/01/96 


04A 


.0004 




10:10 NCR 829 


12/01/95 


06B 


.0401 - 


.0417 


10:16 NCR 2023 


03/01/96 


VETERINARY MEDICAL BOARD 






21 NCAC 66 


.0101 




10:16 NCR 2143 


04/01/96 




.0105 - 


.0106 


10:16 NCR 2143 


04/01/96 




.0108 




10:16 NCR 2143 


04/01/96 




.0201 - 


.0203 


10:16 NCR 2143 


04/01/96 


^ 


.0205 - 


.0210 


10:16 NCR 2143 


04/01/96 




.0301 




10:16 NCR 2143 


04/01/96 




.0303 - 


.0308 


10:16 NCR 2143 


04/01/96 




.0310- 


.0311 


10:16 NCR 2143 


04/01/96 




.0601 




10:16 NCR 2143 


04/01/96 




.0606 




10:16 NCR 2143 


04/01/96 




.0703 




10:16 NCR 2143 


04/01/96 



01/01/96 
10/01/95 



12/01/95 



I 



I 



10:21 



NORTH CAROLINA REGISTER 



February I, 1996 



2815 



i 



i 



i 



BARCLAYS OFFICIAL NORTH CAROLINA ADMINISTRATIVE CODE - 1995 



DESCRIPTION 



CODE 



ONE-TIME 

PURCHASE 

PRICE 



ANNUAL 

SUBSCRIPTION 

PRICE 



Title 1 - Dept. of Administration 

Division of Purchase &, Contract 
Federal Block Grant Funds 



Full Title 



Title 2 - Dept. of Agriculture - Full Title 

Food &. Drug Protection Division 
Structural Pest Control Committee 
Agricultural Markets 
Plant Industry 
Animal Industry 

Title 3 - Dept. of State Auditor - Full Title 

Title 4 - Dept. of Commerce - Full Title 

Alcoholic Beverage Control Commission 

Banking Commission 

Credit Union Division 

Savings & Loan Division 

Industrial Commission/Workers Compensation 

Savings Institutions Division 



Title 5 - Dept. of Corrections 

Division of Prisons 



Full Title 



Title 6 - Counci of State - Full Title 

Title 7 - Dept. of Cultural Resources - Full Title 

Title 8 - State Board of Elections - Full Title 

Title 9 - Offices of the Governor & Lt. Governor - Full Title 



Title 10 - Dept. of Human Resources - Full Title 

Licensing of Health Facilities 

Detention Facilities 

Mental Health fit Rehabilitation Services 

Social Services 

Children Services/Day Care 

Services for the Aging 

Services for the Blind 

Services for the Deaf 8i Hard of Hearing 

Employment Opportunities 

Title 1 1 - Dept. of Insurance - Full Title 

Insurance 

Consumer Services 

Fire Si Rescue Sewices 

Agent Services 

Engineering & Building Codes 

Title 12 - Dept. of Justice - Full Title 

Private Protective Services 

Police & Sheriff's Education & Training Standards 

NC Alarm Systems Licensing Board 

Title 13 - Dept. of Labor - Full Title 

Mine & Quarry Safety 

General Safety/OSHA 

Wage fii Hour Rules 

Boiler & Pressure Vessel Safety 

Apprenticeship Sl Training 

Elevator fii Amusement Device Safety 

Title 14A - Dept. of Crime Control & Public Safety 

Alcohol Law/ Enforcement 
Victims Compensation Fund 



Title 15A - Dept. of Environ., 

Environmental Management 

Air Quality 

Water Quality 

Land fii Waste Management 

Solid Waste Management 

Underground Storage Tanks 



Health, & Nat. Resources 





201 00 00 


$63.00 


$90.00 




201 10 05 


$21.00 


$30.00 




201 10 33 


$17.50 


$25.00 




202 00 00 


$98.00 


$140.00 




202 1 5 09 


$28.00 


$40.00 




202 1 5 34 


$21.00 


$30.00 




202 1 5 43 


$21.00 


$30.00 




202 1 5 48 


$21.00 


$30.00 




202 1 5 52 


$21.00 


$30.00 




203 00 00 


$7.00 


$10.00 




204 00 00 


$87.60 


$125.00 




204 1 5 02 


$12.00 


$40.00 




204 1 5 03 


$24.50 


$35.00 




204 1 5 06 


$14.00 


$20.00 




204 1 5 09 


$14.00 


$20.00 




204 15 10 


$14.00 


$20.00 




204 15 16 


$24.50 


$36.00 




206 00 00 


$66.00 


$80.00 




205 15 02 


$24.50 


$35.00 




206 00 00 


$21.00 


$30.00 




207 00 00 


$21.00 


$30.00 




208 00 00 


$7.00 


$10.00 


IThle 


209 00 00 


$31.50 


$45.00 




210 00 00 


$346.50 


$496.00 




210 20 10 


$45.50 


$65.00 




210 20 20 


$31.50 


$45.00 




210 20 30 


$77.00 


$110.00 




210 20 40 


S119.00 


$170.00 




210 20 41 


$31.50 


$45.00 




210 20 42 


$31.50 


$45.00 




210 20 43 


$28.00 


$40.00 




210 20 44 


$17.50 


$25.00 




210 20 45 


$35.00 


$50.00 




211 00 00 


$63.00 


$90.00 




211 1001 


$56.00 


$80.00 




211 1004 


$24.50 


$35.00 




211 1005 


$17.50 


$25.00 




211 10 06 


$28.00 


$40.00 




211 1008 


$21.00 


$30.00 




212 00 00 


$63.00 


$90.00 




212 1007 


$21.00 


$30.00 




212 1009 


$31.50 


$45.00 




212 10 11 


$17.50 


$25.00 




213 00 00 


$77.00 


$110.00 




213 15 06 


$14.00 


$20.00 




213 20 00 


$31.50 


$45.00 




213 15 12 


$14.00 


$20.00 




213 15 13 


$14.00 


$20.00 




213 15 14 


$14.00 


$20.00 




213 15 15 


$14.00 


$20.00 


Full TiHe 


214 00 00 


$31.60 


$46.00 




214 00 08 


$17.50 


$25.00 




214 00 11 


$14.00 


$20.00 


ces - Full Title 


215 00 00 


$276.50 


$395.00 




215 15 00 


$115.50 


$165.00 




215 15 10 


$49.00 


$70.00 




215 15 20 


$49.00 


$70.00 




215 15 30 


$56.00 


S80.00 




215 15 31 


$35.00 


$50.00 




215 15 32 


$17.50 


S25.00 



DESCRIPTION 





ONE-TIME 


ANNUAL 




PURCHASE 


SUBSCRIPTION 


CODE 


PRICE 


PRICE 


215 15 40 


$31.50 


$45.00 


215 25 00 


$105.00 


$160.00 


215 25 10 


$42.00 


$60.00 


215 25 20 


$35.00 


$50.00 


215 25 30 


$59.50 


$85.00 


215 25 31 


$17.50 


$25.00 


216 00 00 


$21.00 


$30.00 


216 1006 


$21.00 


$30.00 


217 00 00 


$91.00 


$130.00 


217 15 10 


$31.50 


$45.00 


217 15 20 


$56.00 


$80.00 


217 15 27 


$31.50 


$46.00 


217 15 29 


$21.00 


$30.00 


218 00 00 


$21.00 


$30.00 


218 1006 


$21.00 


$30.00 


219 00 00 


$63.00 


$90.00 


219 1002 


$28.00 


$40.00 


219 1003 


$35.00 


$50.00 


220 00 00 


$31.50 


$45.00 


221 00 00 


$143.50 


$205.00 


222 00 00 


$0.00 


$0.00 


223 00 00 


$7.00 


$10.00 


224 00 00 


$7.00 


$10.00 


225 00 00 


$42.00 


$60.00 


226 00 00 


$7.00 


$10.00 


227 00 00 


$42.00 


$60.00 


299 99 98 


$375.00 


$750.00 


266 00 00 


.. 


$750.00 


266 60 00 


-- 


$250.00 


288 BO 00 


$295.00 


$475.00 


288 80 00 


$40.00 


$75.00 


299 90 00 


$16.00 





Coastal Management 

Environmental Health 

Radiation/Nuclear Waste 

Sanitation 

Public Health 

Intoxilizer & Breathalyser 

Title 16 - Dept. of Public Instruction - Full Title 

Elementary & Secondary Education 

Title 1 7 - Dept. of Revenue - Full Title 

Taxes on Individuals 
Taxes on Business 
Sales & Use Tax Division 
Motor Fuels Tax Division 

Title 18 - Secretary of State - Full Title 

Securities Division 

Title 1 9A - Dept. of Transportation - Full Title 

Division of Highways 
Division of Motor Vehicles 

Title 20 - Dept. of the State Treasurer - Full Title 

Title 21 - Occupational Licensing Boards - Full Title 

Title 22 - Administrative ProcediB-es Act - Repealed 

Title 23 - Dept. of Community Colleges - Full Title 

Title 24 - Independent Agencies - Fidl Title 

Title 25 - Office of State Personnel - Full Title 

Title 26 - Office of Administrative Hearings - Full Title 

Title 27 - North Carolina State Bar - Full Title 

North Carolina Administrative Code - Full Code 

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